Absence of Litigation - ISDA Provision

1992 ISDA

2002 ISDA
3(c) Absence of Litigation. There is not pending or, to its knowledge, threatened against it or any of its

Affiliates any action, suit or proceeding at law or in equity or before any court, tribunal, governmental body,
agency or official or any arbitrator that is likely to affect the legality, validity or enforceability against it
of this Agreement or any Credit Support Document to which it is a party or its ability to perform its obligations
under this Agreement or such Credit Support Document. 

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Commentary

Reference to Affiliates can be controversial, particularly for Hedge Fund Managers.