Activities Since Balance Sheet Date. Since the Balance Sheet Date, there has not been: (a) any damage, destruction or loss, whether or not covered by insurance, materially and adversely affecting the assets, properties, financial condition, operating results, prospects or business of the Company (as presently conducted and as presently proposed to be conducted); (b) any waiver by the Company of a valuable right or of a material debt owed to it; (c) any satisfaction or discharge of any lien, claim or encumbrance or payment of any obligation by the Company, except such a satisfaction, discharge or payment made in the ordinary course of business that is not material to the assets, properties, financial condition, operating results or business of the Company; (d) any material change or amendment to a material contract or arrangement by which the Company or any of its assets or properties is bound or subject, except for changes or amendments which are expressly provided for or disclosed in this Loan Agreement; (e) any material change in any compensation arrangement or agreement with any present or prospective employee, contractor or director not approved by the Company's Board of Directors; or (f) to the Company's knowledge, any other event or condition of any character which would materially and adversely affect the assets, properties, financial condition, operating results or business of the Company.
Appears in 1 contract
Samples: Convertible Loan, Warrant and Security Agreement (Probex Corp)
Activities Since Balance Sheet Date. Since the Balance Sheet Date, there has not been:
(a) any damage, destruction or loss, whether or not covered by insurance, materially and adversely affecting the assets, properties, financial condition, operating results, prospects or business of the Company (as presently conducted and as presently proposed to be conducted);
(b) any waiver by the Company of a valuable right or of a material debt owed to it;
(c) any satisfaction or discharge of any lien, claim or encumbrance or payment of any obligation by the Company, except such a satisfaction, discharge or payment made in the ordinary course of business that is not material to the assets, properties, financial condition, operating results or business of the Company;
(d) any material change or amendment to a material contract or arrangement by which the Company or any of its assets or properties pro- perties is bound or subject, except for changes or amendments which are expressly provided for or disclosed in this Loan Agreement;
(e) any material change in any compensation arrangement or agreement with any present or prospective employee, contractor or director not approved by the Company's Board of Directors; or
(f) to the Company's knowledge, any and other event or condition of any character which would materially and adversely affect the assets, properties, financial condition, operating results or business of the Company.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Virtual Mortgage Network Inc)
Activities Since Balance Sheet Date. Since the Balance Sheet Date, there has not been:
(a) any damage, destruction or loss, whether or not covered by insurance, materially and adversely affecting the assets, properties, financial condition, operating results, prospects or business of the Company CNE (as presently conducted and as presently proposed to be conducted);
(b) any waiver by the Company CNE of a valuable right or of a material debt owed to it;
(c) any satisfaction or discharge of any lien, claim or encumbrance or payment of any obligation by the CompanyCNE, except such a satisfaction, discharge or payment made in the ordinary course of business that is not material to the assets, properties, financial condition, operating results or business of the CompanyCNE;
(d) any material change or amendment to a material contract or arrangement by which the Company CNE or any of its assets or properties is bound or subject, except for changes or amendments which are expressly provided for or disclosed in this Loan Agreement;
(e) any material change in any compensation arrangement or agreement with any present or prospective employee, contractor or director not approved by the CompanyCNE's Board of DirectorsDirectors (the "Board"); or
(f) to the CompanyCNE's knowledge, any other event or condition of any character which would materially and adversely affect the assets, properties, financial condition, operating results or business of the CompanyCNE.
Appears in 1 contract
Samples: Series Aaa Preferred Stock Purchase Agreement (Cne Group Inc)
Activities Since Balance Sheet Date. Since the Balance Sheet Date, ----------------------------------- there has not been:
(a) any damage, destruction or loss, whether or not covered by insurance, materially and adversely affecting the assets, properties, financial condition, operating results, prospects or business of the Company (as presently conducted and as presently proposed to be conducted);
(b) any waiver by the Company of a valuable right or of a material debt owed to it;
(c) any satisfaction or discharge of any lien, claim or encumbrance or payment of any obligation by the Company, except such a satisfaction, discharge or payment made in the ordinary course of business that is not material to the assets, properties, financial condition, operating results or business of the Company;
(d) any material change or amendment to a material contract or arrangement by which the Company or any of its assets or properties is bound or subject, except for changes or amendments which are expressly provided for or disclosed in this Loan Agreement;
(e) any material change in any compensation arrangement or agreement with any present or prospective employee, contractor or director not approved by the Company's Board board of Directorsdirectors; or
(f) to the Company's knowledge, any other event or condition of any character which would materially and adversely affect the assets, properties, financial condition, operating results or business of the Company.
Appears in 1 contract
Samples: Series B Preferred Stock Exchange Agreement (Asymetrix Learning Systems Inc)
Activities Since Balance Sheet Date. Since the Balance Sheet Date, there has not been:
(a) any damage, destruction or loss, whether or not covered by insurance, materially and adversely affecting the assets, properties, financial condition, operating results, prospects or business of the Company (as presently conducted and as presently proposed to be conducted);
(b) any waiver by the Company of a valuable right or of a material debt owed to it;
(c) any satisfaction or discharge of any lien, claim or encumbrance or payment of any obligation by the Company, except such a satisfaction, discharge or payment made in the ordinary course of business that is not material to the assets, properties, financial condition, operating results or business of the Company;
(d) any material change or amendment to a material contract or arrangement by which the Company or any of its assets or properties is bound or subject, except for changes or amendments which are expressly provided for or disclosed in this Loan Agreement;
(e) any material change in any compensation arrangement or agreement with any present or prospective employee, contractor or director not approved by the Company's Board of Directors; or
(f) to the Company's knowledge, any other event or condition of any character which would materially and adversely affect the assets, properties, financial condition, operating results or business of the Company.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Ticketmaster Online Citysearch Inc)