Business Carried on in Ordinary Course. The Business has been carried on in the ordinary course since December 31, 2011 and since such date:
(a) there has not been any event, circumstance or occurrence which has had or is reasonably likely to give rise to a Material Adverse Effect with respect to Silvermex;
(b) no liability or obligation of any nature (whether absolute, accrued, contingent or otherwise and whether matured or unmatured) which has had or is reasonably likely to have a Material Adverse Effect with respect to Silvermex has been incurred;
(c) there has been no damage, destruction or loss of any material tangible assets, whether covered by insurance or not, that could reasonably be expected to have a Material Adverse Effect on Silvermex;
(d) there has been no increase in the salary, other cash compensation or other Employee Benefits payable or to become payable by Silvermex or any Silvermex Subsidiary to any of its respective officers, directors, employees or advisors, other than in the ordinary course of business, and there has been no declaration, payment or commitment or obligation of any kind for the payment or granting by Silvermex or any Silvermex Subsidiary of a bonus, stock option or other additional salary or compensation to any such Person, or any grant to any such Person of any increase in severance or termination pay, nor has Silvermex or any Silvermex Subsidiary agreed to do any of the foregoing;
(e) there has not been any redemption, repurchase or other acquisition of Silvermex Shares by Silvermex, or any declaration, setting aside or payment of any dividend or other distribution (whether in cash, shares or property) with respect to the Silvermex Shares;
(f) there has not been a material change in the level of accounts receivable or payable, inventories or employees, other than those changes in the ordinary course of business consistent with past practice;
(g) neither Silvermex nor any Silvermex Subsidiary has acquired or sold, pledged, leased, encumbered or otherwise disposed of any material property or assets or incurred or committed to incur capital expenditures in excess of $100,000 in the aggregate, as of the date hereof, nor has Silvermex or any Silvermex Subsidiary agreed to do any of the foregoing;
(h) neither Silvermex nor any Silvermex Subsidiary has entered into any Material Agreement or amended, modified, relinquished, terminated or failed to renew any Material Agreement;
(i) neither Silvermex nor any Silvermex Subsidiary has made any change in accounting pol...
Business Carried on in Ordinary Course. Except as set forth on Schedule 2.1(27), since the date of the Interim Financial Statements, the Corporation has not:
(a) sold or otherwise disposed of any of its assets except for inventory sold in the ordinary course of business;
(b) incurred or assumed any obligation or liability of any nature whatsoever other than current liabilities incurred in the ordinary course of business;
(c) discharged any Lien or paid any secured or unsecured obligation or liability of any nature whatsoever, other than current liabilities incurred in the ordinary course of business, or scheduled payments under Contracts;
(d) created or permitted to exist any Lien on any of its assets other than a Permitted Lien;
(e) made any capital expenditure other than in the ordinary course of business;
(f) suffered any extraordinary loss, whether or not covered by insurance;
(g) made any material change to the method of billing customers or the credit terms made available to customers;
(h) made any material change to any method of management, operation or accounting in respect of the Business;
(i) waived or cancelled any material rights or claims;
(j) compromised or settled any Legal Proceeding pending against it, the Business or any of its assets;
(k) written off any accounts receivable other than in the ordinary course of business;
(l) hired or dismissed any Employee whose annual remuneration exceeds $150,000;
(m) increased the rate of wages, salaries or bonuses of any Employees except as required under the terms of any Contract;
(n) increased the benefits to which Employees and former employees are entitled under any Employee Plan or created any new Employee Plan;
(o) entered into, modified, amended or terminated any Contract or waived or released any rights under any Contract, other than in the ordinary course of business;
(p) terminated, discontinued, closed or disposed of any plant, facility or business operation; or
(q) authorized, agreed or become bound to do any of the foregoing.
Business Carried on in Ordinary Course. Other than the acquisition of Xxxxxxx Star Resources Inc. and Goldrush Resources Ltd., the Business has been carried on in the ordinary course since December 31, 2015 and since such date:
(a) there has not been any event, occurrence, development or state of circumstances or facts which has had or is reasonably likely to give rise to a Material Adverse Effect with respect to First Mining;
(b) there has not been any material write-down by First Mining of any assets of First Mining or the First Mining Material Subsidiaries;
(c) no liability or obligation of any nature (whether absolute, accrued, contingent or otherwise and whether matured or unmatured) which has had or is reasonably likely to have a Material Adverse Effect with respect to First Mining has been incurred;
(d) there has not been any sale, lease, license, expiry or other disposition by First Mining or any First Mining Material Subsidiary of any interest in any material Mineral Rights;
(e) neither First Mining nor any First Mining Material Subsidiary has made any change in accounting policies, principles, methods, practices or procedures (including for bad debts, contingent liabilities or otherwise);
(f) there has been no waiver by First Mining or any First Mining Material Subsidiary or agreement to waive, any right of substantial value and First Mining has not entered into any commitment or transaction where such right, commitment or transaction is or would be material in relation to First Mining or its Business; and
(g) neither First Mining nor any First Mining Material Subsidiary has agreed, announced, resolved or committed to do any of the foregoing.
Business Carried on in Ordinary Course. The Business has been carried on in the ordinary and usual course since the date of the Financial Statements and to the Best of the Subsidiary’s Knowledge there has been no change in the affairs, business, prospects, operations or condition of the Business, financial or otherwise, since the date of the Financial Statements, except changes occurring in the ordinary and usual course of the Business and which, in the aggregate, have not materially adversely affected and will not materially adversely affect the nature and manner of conducting the Business, or the operations, assets, properties, future prospects or financial condition of the Subsidiary.
Business Carried on in Ordinary Course. The Business is the only business and undertaking in which any Filtran Entity is engaged or ever has been engaged and has been carried on in the ordinary and usual course since the date of the Financial Statements and there has been no change in the affairs, business, prospects, operations or condition of the Business, financial or otherwise, or arising as a result of any legislative or regulatory change, revocation of any licence or right to do business, fire, explosion, accident, casualty, labour problem, flood, drought, riot, storm, act of God or otherwise, except changes occurring in the ordinary and usual course of the Business and which, in the aggregate, have not materially adversely affected and will not materially adversely affect the nature and manner of conducting the Business, or the operations, assets, properties, future prospects or financial condition of the Filtran Group or any Filtran Entity.
Business Carried on in Ordinary Course. The Business has been carried on in the Ordinary Course of Business since the Financial Year End and none of the Corporations has, since the Financial Year End, sold or otherwise disposed of any of its assets except in the Ordinary Course of Business other than as set out in Schedule 25 hereto. Since the Financial Year End there has been no change in the Business, operations, affairs or condition of any of the Corporations, financial or otherwise, arising as a result of any legislative or regulatory change, revocation of any license or right to do business, fire, explosion, accident, casualty, labour problem, flood, drought, riot, storm, or act of God, except changes occurring in the Ordinary Course of Business and which, in the aggregate, have not materially adversely affected and will not materially adversely affect the Business, operations, affairs or condition of the Corporations.
Business Carried on in Ordinary Course. Except as expressly contemplated by this Agreement or as set forth on Schedule 5.9, since December 31, 2019, Seller has conducted the Business in the Ordinary Course of Business in all material respects and there has not been, with respect to the Business, any event, change, occurrence or circumstance that has had, or could be reasonably anticipated to result in, a Material Adverse Effect.
Business Carried on in Ordinary Course. The Business has been carried on in the ordinary course since December 31, 2001, and the Corporation has not, since December 31, 2001, sold, or otherwise disposed of any of its assets except in the ordinary course of business. Since December 31, 2001, there has been no change in the Business, operations, affairs or conditions of the Corporation, financial or otherwise, or arising as a result of any legislative or regulatory change, revocation of any license or right to do Business, fire, explosion, accident, casualty, labour problem, riot, storm, act of God, or otherwise except changes occurring in the ordinary course of Business and which, in the aggregate, have not materially adversely affected and will not materially adversely affect the Business, operations, affairs or condition of the Corporation. - 7 -
Business Carried on in Ordinary Course. Except to the extent disclosed on Schedule 4.1(i), the Purchased Business has been carried on in the ordinary and usual course since the Balance Sheet Date and there has been no change in the affairs, business, operations or condition of the Purchased Business, financial or otherwise, or arising as a result of any legislative or regulatory change, revocation of any licence or right to do business, fire, explosion, accident, casualty, labour problem, flood, drought, riot, storm, act of God or otherwise, except changes occurring in the ordinary course of business and which, in the aggregate, have not materially adversely affected and will not materially adversely affect the nature and manner of conducting the Purchased Business, or the operations, assets, properties or financial condition of the Purchased Business.
Business Carried on in Ordinary Course. The Purchased Business has been carried on in the ordinary and usual course since the date of the Financial Statements and there has been no material change in the affairs, business, prospects, operations or condition of the Purchased Business, financial or otherwise, or arising as a result of any legislative or regulatory change, revocation of any licence or right to do business, fire, explosion, accident, labour problem or otherwise, except changes occurring in the ordinary and usual course of business and which, in the aggregate, have not materially adversely affected and will not materially adversely affect the nature and manner of conducting the Purchased Business, or the operations, assets, properties, future prospects or financial condition of the Purchased Business.
