Changes in Financial Position. Since September 30, 2011:
(i) the Corporation has not paid or declared any dividend or incurred any material capital expenditure or made any commitment therefor;
(ii) neither the Corporation nor any Material Subsidiary have incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business or which is not, or which in the aggregate are not, material; and
(iii) neither the Corporation nor any of the Material Subsidiaries have entered into any material transaction; except in each case as disclosed in the Information.
Changes in Financial Position. Other than as disclosed in the Prospectus, the Corporation has not
(i) paid or declared any dividend or incurred any material capital expenditure or made any commitment therefor;
(ii) incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business; and
(iii) entered into any material transaction or made a significant acquisition.
Changes in Financial Position. Except as disclosed in the Offering Documents, since December 31, 2019, none of:
(i) the Company or any Subsidiary has paid or declared any dividend or incurred any material capital expenditure or made any commitment therefor;
(ii) the Company or any Subsidiary has incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business; and
(iii) the Company or any Subsidiary has entered into any material transaction or made a significant acquisition.
Changes in Financial Position. Since February 6, 2006:
(i) the Company has not paid or declared any dividend or incurred any material capital expenditure or made any commitment therefore;
(ii) the Company has not incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business and which is not, and which in the aggregate are not, material; and
(iii) the Company has not entered into any material transaction, except in each case as disclosed in the Public Record;
Changes in Financial Position. Other than as disclosed in the Azarga Disclosure Letter, since June 30, 2021, none of:
(i) Azarga or any Azarga Subsidiary has paid or declared any dividend or incurred any material capital expenditure or made any commitment therefor;
(ii) Azarga or any Azarga Subsidiary has incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business; and
(iii) Azarga or any Azarga Subsidiary has entered into any material transaction or made a significant acquisition.
Changes in Financial Position. Other than as disclosed in the enCore Disclosure Letter, since June 30, 2021 none of:
(i) enCore or any enCore Subsidiary has paid or declared any dividend or incurred any material capital expenditure or made any commitment therefor;
(ii) enCore or any enCore Subsidiary has incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business; and
(iii) enCore or any enCore Subsidiary has entered into any material transaction or made a significant acquisition.
Changes in Financial Position. Since December 31, 2005, none of
(i) the Corporation or any Subsidiary has paid or declared any dividend or incurred any material capital expenditure or made any commitment therefor;
(ii) the Corporation or any Subsidiary has incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business and which is not, and which in the aggregate are not, material to the Corporation on a consolidated basis; and
(iii) the Corporation or any Subsidiary has entered into any material transaction; except in each case as disclosed in the Information.
Changes in Financial Position. Except as set forth in the Information or in Section (u) of the Disclosure Letter, since December 31, 2006, none of:
(i) Miramar or any Miramar Subsidiary has paid or declared any dividend or incurred any material capital expenditure or made any commitment therefore;
(ii) Miramar or any Miramar Subsidiary has incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business and which is not, and which in the aggregate are not, material; and
(iii) Miramar or any Miramar Subsidiary has entered into any material transaction.
Changes in Financial Position. Since December 31, 2007 neither TimberWest nor any Material Subsidiary has, except as disclosed in the Public Documents or as would not reasonably be expected to result in a Material Adverse Change (and other than in connection with the transactions contemplated by this Agreement, the Investment Agreement and the Senior Indebtedness):
(i) given any guarantee of any debt, liability or obligation of any Person;
(ii) subjected any of its assets, or permitted any of its assets to be subjected, to any Encumbrance other than a Permitted Encumbrance;
(iii) acquired, sold, leased or otherwise disposed of or transferred any material assets other than in the ordinary course of its business;
(iv) made or committed to any capital expenditures, except in the ordinary course of its business;
(v) declared or paid any dividend or otherwise made any distribution or other payment of any kind or nature whatsoever to any of its Unitholders or any other Person, or taken any corporate proceedings for that purpose, other than dividends or distributions to the holders of Stapled Units, in a manner and in amounts consistent with past practice;
(vi) incurred any obligation or liability, direct or indirect, contingent or otherwise, except in the ordinary course of business and which is not, and which in the aggregate would not result in a Material Adverse Change;
(vii) entered into any material transaction or entered into or become bound by any material agreement, except in the ordinary course of its business;
(viii) redeemed, purchased or otherwise retired any of the Stapled Units;
(ix) reduced its stated capital;
(x) waived or released any right or rights which it has or had, or a debt or debts owed to it resulting, collectively or individually, in a Material Adverse Change;
(xi) made any material change in compensation arrangements or agreements with employees, officers or directors of the Company or any of the Material Subsidiaries;
(xii) other than any changes required by a change to GAAP, made any material change in any method of accounting or auditing practice; or
(xiii) agreed or offered to do any of the things described in this section.
Changes in Financial Position. Since the Most Recent Balance Sheet Date, the Company's business has been conducted in the Ordinary Course, and except as described on the Disclosure Schedule, there has not been:
