Absence of Material Adverse Change; Distributions. Except as set out in Schedule 3.5, since the Balance Sheet Date, MTIX has operated only in the ordinary course and since that date, there has not been any change in the business, operations, results of operations, assets or condition (financial or otherwise) of MTIX that has had or might reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, except as set forth on Schedule 3.5 since that date:
Absence of Material Adverse Change; Distributions. Except as set out in Schedule 3.5, since the Balance Sheet Date, MPC has operated only in the ordinary course and since that date, there has not been any change in the business, operations, results of operations, assets or condition (financial or otherwise) of MPC that has had or might reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, except as set forth on Schedule 3.5 since that date:
Absence of Material Adverse Change; Distributions. Since November 1, 2001, the Company has operated in the ordinary course. Except as specifically may be described in this Section 5 or in Section 5.4 of the Disclosure Schedule, since July 31, 2002, there has not been as to the Company: (a) any change in the business, operations, results of operations, assets or condition (financial or otherwise) of the Company that has had or might be reasonably expected to have a Material Adverse Effect; (b) any damage, destruction or loss that has had, whether or not covered by insurance, a Material Adverse Effect; (c) any Encumbrance created or assumed by the Company on its assets or properties; (d) any grant of any severance or termination pay or any other increase in compensation or benefits payable by the Company to any of its officers or, except for increases in the ordinary course of business, to its other employees; or (e) any distributions, bonus payment, compensation payment, or any other payment, benefit or reimbursement made to any Seller or any of his Affiliates except expense reimbursements to the Sellers for expenses incurred in the ordinary course of the Business consistent with fiscal year ended October 31, 2001, past practice and consistent with the expense reimbursement policy of the Company for all employees generally, provided that any distribution, bonus payment, compensation payment, or any other payment, benefit or reimbursement described in the immediately preceding clause must be set forth on Section 5.4 of the Disclosure Schedule.
Absence of Material Adverse Change; Distributions. Since December 31, 2003, the Company has operated only in the ordinary course and since that date, there has not been any change in the business, operations, results of operations, assets or condition (financial or otherwise) of the Company that has had or might reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, except (i) as a direct result of the acquisition by Aries and Aries of 100% of the Company Shares from the Prior Company Parents pursuant to the Company Share Purchase Agreement, or (ii) as otherwise set forth on Schedule 3.5, since that date:
Absence of Material Adverse Change; Distributions. Since September 30, 2002, the Corporations have operated only in the ordinary course and since that date, there has not been any change in the business, operations, results of operations, assets or condition (financial or otherwise) of the Corporations that has had or might reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, except as set forth on SCHEDULE 3.5 TO THE DISCLOSURE SCHEDULE, since that date:
