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(iii) No Litigation or Other Proceeding, No litigation or other proceeding <br /> (whether administrative or otherwise) is outstanding or has been threatened which would <br /> prevent hinder or delay the ability of Assignee to perform its obligations under this Agreement <br /> or the Assigned Agreements. <br /> (iv) No Bankruptcy. Assignee is not the subject of a bankruptcy or insolvency <br /> proceeding. <br /> 5. Effective Date. The assignment and assumption set forth in Sections I. 1.1 and 2 <br /> above shall be effective as of the Effective Date set forth above. <br /> 6. Counterparts. This Agreement may be executed in counterparts, each of which <br /> shall be an original and all of which taken together shall constitute one and the same instrument. <br /> SIGNATURES ON FOLLOWING PAGE(s) <br /> 1725548.4 4 <br />