Common use of Absence of Proceedings Clause in Contracts

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 33 contracts

Samples: Underwriting Agreement (Synergy CHC Corp.), Underwriting Agreement (Hour Loop, Inc), Underwriting Agreement (Hour Loop, Inc)

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Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 17 contracts

Samples: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Amesite Operating Co)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 14 contracts

Samples: Underwriting Agreement (Reed's, Inc.), Underwriting Agreement (Reed's, Inc.), Underwriting Agreement (Reed's, Inc.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries Subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries Subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 9 contracts

Samples: Underwriting Agreement (Luxurban Hotels Inc.), Underwriting Agreement (Luxurban Hotels Inc.), Underwriting Agreement (Fathom Holdings Inc.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit suit, investigation or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Avinger Inc), Underwriting Agreement (Avinger Inc), Underwriting Agreement (Avinger Inc)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, mediator which is reasonably likely likely, singularly or in the aggregate, to result in a Material Adverse Effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Cariloha, Inc.), Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Guerrilla RF, Inc.), Underwriting Agreement (NFT Gaming Co Inc.), Underwriting Agreement (Crown Electrokinetics Corp.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which which, if adversely determined, is reasonably likely to result in be material to the Company and its subsidiaries taken as a Material Adverse Effectwhole.

Appears in 4 contracts

Samples: Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc), Underwriting Agreement (Falconstor Software Inc)

Absence of Proceedings. There is not no pending or, to the knowledge of the Company, threatened, any threatened action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries Subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is which, if determined adversely to the Company or its subsidiaries, would individually or in the aggregate, reasonably be likely to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Better Therapeutics, Inc.), Underwriting Agreement (Synlogic, Inc.), Underwriting Agreement (Synlogic, Inc.)

Absence of Proceedings. There Except as disclosed in the Company’s public filings, there is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Digital Ally Inc), Underwriting Agreement (Digital Ally Inc)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which which, if adversely determined, is reasonably likely to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (zSpace, Inc.), Underwriting Agreement (Loop Media, Inc.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is would have or would be reasonably likely to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Mri Interventions, Inc.), Underwriting Agreement (Mri Interventions, Inc.)

Absence of Proceedings. There Except as set forth in the Registration Statement, General Disclosure Package and Prospectus, there is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator arbitrator, which, individually or mediatorin the aggregate, which is would reasonably likely be expected to result in a any Material Adverse Effect.

Appears in 1 contract

Samples: CAI International, Inc.

Absence of Proceedings. There is not no pending or, to the knowledge of the Company, threatened, any threatened action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is which, if determined adversely to the Company or its subsidiaries, would individually or in the aggregate, reasonably be likely to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Med-X, Inc.)

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Absence of Proceedings. There is not no pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Inuvo, Inc.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, mediator which is reasonably likely likely, singularly or in the aggregate, to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Sow Good Inc.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediatormediator (each, a “Governmental Authority”) which is reasonably likely to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Restoration Robotics Inc)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediatormediator (each, a “Governmental Authority”) which is reasonably likely to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Restoration Robotics, Inc.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediatormediator (each, a “Governmental Authority”), which is reasonably likely to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (PCI Media, Inc.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries subsidiary is a party or of which any property or assets of the Company or any of its subsidiaries subsidiary is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which is reasonably likely to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Loop Industries, Inc.)

Absence of Proceedings. There is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator or mediator, which which, individually or in the aggregate, is reasonably likely to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Cherokee Inc)

Absence of Proceedings. There Except as set forth in the Registration Statement, General Disclosure Package and Prospectus, there is not pending or, to the knowledge of the Company, threatened, any action, suit or proceeding to which the Company or any of its subsidiaries is a party or of which any property or assets of the Company or any of its subsidiaries is the subject before or by any court or governmental agency, authority or body, or any arbitrator arbitrator, which, individually or mediatorin the aggregate, which is would reasonably likely be expected to result in a any Material Adverse EffectChange.

Appears in 1 contract

Samples: Equity Distribution Sales Agreement (CAI International, Inc.)

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