VITA » Topics » Section 4.04 Litigation .

These excerpts taken from the VITA 8-K filed Jul 31, 2007.

3.5 Litigation.

There is no (a) action, suit, arbitration proceeding, claim, investigation or other proceeding pending or, to the Knowledge of Orthovita, threatened against Orthovita or (b) governmental inquiry pending or, to the Knowledge of Orthovita, threatened against Orthovita, in each case with respect to clauses (a) and (b) above, which, if adversely determined, would question the validity of, or would materially and adversely affect or prevent the consummation of, the transactions contemplated by this Agreement or any of the other Closing Documents or would reasonably be expected to have a Material Adverse Effect.

Section 4.04 Litigation.

There is no (a) action, suit, arbitration proceeding, claim, investigation or other proceeding pending or, to the Knowledge of RST, threatened against RST or (b) governmental inquiry pending or, to the Knowledge of RST, threatened against RST, in each case with respect to clauses (a) and (b) above, which, if adversely determined, would question the validity of, or

 

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would materially and adversely affect or prevent the consummation of, the transactions contemplated by this Agreement or any of the other Closing Documents or would reasonably be expected to have a material adverse effect on the validity or enforceability of this Agreement or any of the other Closing Documents (other than by virtue of a breach of a representation or warranty of a party other than RST or PRF contained within this Agreement or any of the other Closing Documents), or a material adverse effect on the ability of RST to perform any of its material obligations under this Agreement or any of the other Closing Documents.

EXCERPTS ON THIS PAGE:

8-K (2 sections)
Jul 31, 2007
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