Common use of Activities Since Balance Sheet Date Clause in Contracts

Activities Since Balance Sheet Date. Since the Balance Sheet Date, with respect to any Group Company, there has not been: (a) any change in the assets, liabilities, financial condition or operating results of such Group Company from that reflected in the Financial Statements, except changes that are in the ordinary course of business. (b) any material change in the contingent obligations of such Group Company by way of guarantee, endorsement, indemnity, warranty or otherwise; (c) any damage, destruction or loss, whether or not covered by insurance, which would be reasonably likely to have a Material Adverse Effect. (d) any waiver by such Group Company or any Seller Party of a valuable right or of a material debt; (e) any satisfaction or discharge of any lien, claim or encumbrance or payment of any obligation by such Group Company, except such satisfaction, discharge or payment made in the ordinary course of business; (f) any material change or amendment to any Group Company Contract except for changes or amendments which are expressly provided for or disclosed in this Agreement; (g) any material change in any compensation arrangement or agreement with any present or prospective employee, contractor or director; (h) any sale, assignment or transfer of any Proprietary Assets or other material intangible assets of such Group Company; (i) any resignation or termination of any officer or key employee of such Group Company, including any of the Founders; (j) any mortgage, pledge, transfer of a security interest in, or lien created by such Group Company or any Seller Party, with respect to any of such Group Company’s properties or assets, except liens for taxes not yet due or payable; (k) any debt, obligation, or liability incurred, assumed or guaranteed by such Group Company in excess of ten thousand U.S. dollars (US$10,000) individually or in excess of twenty-five thousand U.S. dollars (US$25,000) in the aggregate; (l) any declaration, setting aside or payment or other distribution in respect of any of such Group Company’s share capital, or any direct or indirect redemption, purchase or other acquisition of any of such share capital by such Group Company; (m) any failure to conduct business in the ordinary course, consistent with such Group Company’s past practices; (n) any transactions with any of its officers, directors or employees, or any members of their immediate families, or any entity controlled by any of such individuals; (o) any other event or condition of any character which could reasonably be expected to have a Material Adverse Effect; or (p) any agreement or commitment by such Group Company or any Seller Party to do any of the things described in this Section 3.17.

Activities Since Balance Sheet Date. Since the Balance Sheet Date, with respect to any each Group Company, Company there has not been: (a) 5.17.1 any change in the assets, liabilitiesLiabilities, financial condition or operating results of such Group Company from that reflected in the Financial Statements, except changes that are in the ordinary course of business.business of such Group Company that have not been adverse to such Group Company; (b) 5.17.2 any material change in the contingent obligations of such Group Company by way of guarantee, endorsement, indemnity, warranty or otherwise; (c) 5.17.3 any damage, destruction or loss, whether or not covered by insurance, which would adversely affecting the assets, properties, financial condition, operating results, prospects or business of such Group Company (as presently conducted and as proposed to be reasonably likely to have a Material Adverse Effect.conducted); (d) 5.17.4 any waiver by such Group Company or any Seller Party the Founder of a valuable right or of a material any debt; (e) 5.17.5 any satisfaction or discharge of any lien, claim or encumbrance Lien or payment of any obligation by such Group Company, except such satisfaction, discharge or payment made in the ordinary course of businessbusiness of such Group Company that do not constitute or result in, the aggregate, a Material Adverse Effect; (f) 5.17.6 any material change or amendment to any a Material Contract or arrangement which such Group Company Contract or any of its assets or properties is bound by or subject to, except for changes or amendments which are expressly provided for or disclosed in this Agreement; (g) 5.17.7 any material change in any compensation arrangement or agreement with any present or prospective employee, contractor or directorKey Employee; (h) 5.17.8 any sale, assignment or transfer of any Proprietary Assets or other material intangible assets of such Group Company; (i) 5.17.9 any resignation or termination of employment with any officer or key employee of such Group Company, including any of the FoundersKey Employee; (j) 5.17.10 any mortgage, pledge, transfer of a security interest in, or lien Lien created by such Group Company or any Seller PartyWarrantor, with respect to any of such Group Company’s properties or assets, except liens for taxes Liens for Taxes not yet due or payable; (k) 5.17.11 any debt, obligation, or liability Liability incurred, assumed or guaranteed by such Group Company in excess of ten thousand U.S. dollars (US$10,000) individually or in excess of twenty-five thousand U.S. dollars (US$25,000) not in the aggregateordinary course of business and with a sum of more than RMB1,000,000; (l) 5.17.12 any declaration, setting aside or payment or other distribution in respect of any of such Group Company’s share capitalEquity Securities, or any direct or indirect redemption, purchase or other acquisition of any of such share capital Equity Securities by such Group Company; (m) 5.17.13 any failure to conduct business in the ordinary course, consistent with such Group Company’s past practicescourse of business; (n) 5.17.14 any transactions with any Interested Party except as disclosed in Section 5.19 of its officers, directors or employees, or any members of their immediate families, or any entity controlled by any of such individualsthe Disclosure Schedule; (o) 5.17.15 any other event or condition of any character which could reasonably be expected to have constitute or result in a Material Adverse Effect; or (p) 5.17.16 any agreement or commitment by such Group Company or any Seller Party Warrantor to do any of the things described in this Section 3.175.17.