Absence of Material Adverse Effects. Since June 30, 2010, and except as otherwise disclosed on Schedule 4.12, the Company has conducted its businesses only in the ordinary and usual course and in a manner consistent with past practices and, since such date: (a) there has been no Material Adverse Effect; and (b) the Company has not engaged or agreed to engage in any of the actions described below:
Absence of Material Adverse Effects. Lender shall have determined that no Material Adverse Effect has occurred since Borrower’s submission of the Evaluation Information and there are no facts or circumstances existing and not previously disclosed in writing to Lender with respect to any Borrower or Guarantor, the Collateral, the seller, if any, of any Collateral, any other person representing or otherwise acting on behalf of any Borrower or Guarantor, or the transaction that, in Lender’s judgment, are inconsistent in a material and adverse manner with any such Evaluation Information that, if known to Lender, would have caused Lender not to agree to make the Loan to the Borrower.
Absence of Material Adverse Effects. From the Agreement Date to the Closing, there shall be and have been no change in the financial condition, assets or business of Acquiror that has had or would reasonably be expected to have a Material Adverse Effect on Acquiror on a consolidated basis.
Absence of Material Adverse Effects. Except as contemplated by Schedule 5.26, since December 31, 2012, Sellers have conducted their business only in the ordinary and usual course and in a manner consistent with past practices and, since such date there has been no Material Adverse Effect and Sellers have not engaged or agreed to engage in any actions described in Section 7.1.
Absence of Material Adverse Effects. Since December 31, 2021, the Company has conducted its business only in the ordinary and usual course and in a manner consistent with past practices and, since such date there has been no Material Adverse Effect relating to the Company. For the purposes of this Agreement, the term “Material Adverse Effect” shall mean any event, occurrence, fact, condition or change that is materially adverse to (a) the business, results of operations, condition (financial or otherwise) prospects or assets of any Party, or (b) the ability of any Party to consummate the Transaction.
Absence of Material Adverse Effects. Since April 30, 2022, each Target Company has conducted its business only in the ordinary and usual course and in a manner consistent with past practices and, since such date there has been no Material Adverse Effect relating to either Target Company and such Target Company has not engaged or agreed to engage in any actions described in Section 8.02.
Absence of Material Adverse Effects. Since December 31, 2008, and except as otherwise disclosed in the Company’s June 30, 2009 financial statements delivered to Buyer, the Company has conducted its business only in the ordinary and usual course and in a manner consistent with past practices and, since such date there has been no Material Adverse Effect and the Company has not engaged or agreed to engage in any actions described in Section 7.1(b).
Absence of Material Adverse Effects. Since the date of this Agreement, no Suiza Material Adverse Effect shall have occurred.
Absence of Material Adverse Effects. From the date hereof to the Closing, there shall be and have been no change in the financial condition, assets or business of the Bank that has had or would reasonably be expected to have a Material Adverse Effect on the Bank.
Absence of Material Adverse Effects. During the period from the date of the Interim Balance Sheet to the date of this Agreement, excepted as specifically contemplated by this Agreement, the business of the Company has been conducted in the ordinary course of business, consistent with past custom and practice, and there has not been any Material Adverse Effect and no event has occurred which could reasonably be expected to result in a Material Adverse Effect. Without limiting the generality of the foregoing, since the date of the Interim Balance Sheet, the Company has not:
