Common use of Cybersecurity Clause in Contracts

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Aethlon Medical Inc), Securities Purchase Agreement (Aethlon Medical Inc), Securities Purchase Agreement (Castellum, Inc.)

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Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data data, equipment or technology owned, held or used by or for the Company (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology the Company) (collectively, the “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have has not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its the IT Systems and Data; (ii) the Company has complied, and the Subsidiaries are is presently in compliance compliance, with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to (x) the collection, use, transfer, storage, protection, disposal and/or disclosure of personally identifiable information collected from or provided by third parties, (y) the privacy and security of the IT Systems and Data and to (z) the protection of such the IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company and the Subsidiaries have implemented and maintained has taken commercially reasonable safeguards steps to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup , including by implementing backup, security and disaster recovery plans, procedures and technology consistent with industry standards and practices.

Appears in 6 contracts

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

Cybersecurity. Except as would not not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse EventEffect, (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and DataData that would require notification to any third party, including any governmental or regulatory authority, under applicable law; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with commercially reasonable industry standards and practices.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.), Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.), Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse EventEffect, (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Cingulate Inc.), Securities Purchase Agreement (Cingulate Inc.), Securities Purchase Agreement (Cingulate Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data, except in the case of (x) and (y), as would not, individually or in the aggregate, have a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Tenax Therapeutics, Inc.), Securities Purchase Agreement (Tenax Therapeutics, Inc.), Securities Purchase Agreement (Tenax Therapeutics, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as disclosed in the Registration Statement, the Disclosure Package and the Prospectus, there has been no security breach or other compromise of or relating to any of the Company’s Transaction Entities’ or any Subsidiary’s their subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company Transaction Entities and the Subsidiaries their subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its their IT Systems and Data, except with respect to this clause (i), for any such security breach or other compromise, as would not, individually or in the aggregate, have a Material Adverse Effect; and (ii) the Company Transaction Entities and the Subsidiaries their subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as with respect to this clause (ii), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company Transaction Entities and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries their subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 3 contracts

Samples: Underwriting Agreement (Life Storage Lp), Underwriting Agreement (Life Storage Lp), Underwriting Agreement (Life Storage Lp)

Cybersecurity. Except as would not not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse EventEffect, (i)(x) to the Company’s knowledge there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors vendors, and any third party data maintained by or on behalf of it), equipment equipment, or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have has not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and DataData that would require notification to any third party, including any governmental or regulatory authority, under applicable law; (ii) the Company and the Subsidiaries are is presently in compliance with all applicable laws or statutes and all judgments, orders, rules rules, and regulations of any court or arbitrator or governmental or regulatory authority, internal policies policies, and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation misappropriation, or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have has implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy redundancy, and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have has implemented backup and disaster recovery technology consistent with commercially reasonable industry standards and practices.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Lixte Biotechnology Holdings, Inc.), Securities Purchase Agreement (Tenon Medical, Inc.), Securities Purchase Agreement (Tenon Medical, Inc.)

Cybersecurity. Except as would not not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse EventEffect, (i)(x) to the Company’s knowledge there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and DataData that would require notification to any third party, including any governmental or regulatory authority, under applicable law; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with commercially reasonable industry standards and practices.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ShiftPixy, Inc.), Securities Purchase Agreement (ShiftPixy, Inc.), Securities Purchase Agreement (ShiftPixy, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event(A)(x) To the Company’s knowledge, (i)(x) there has been no security breach or attack or other compromise of or relating to any of the Company’s or any Subsidiary’s and the Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) ), except as set forth in the Registration Statement, the General Disclosure Package and the Prospectus and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach breach, attack or other compromise to its their IT Systems and Data; , (iiB) the Company and the Subsidiaries have complied, and are presently in compliance with compliance, with, all applicable laws laws, statutes or statutes and all judgmentsany judgment, ordersorder, rules and regulations rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority and all industry guidelines, standards, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; modification and (ivC) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices, except, in each case with respect to clauses (A) through (C) hereof, as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.), Underwriting Agreement (YETI Holdings, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as disclosed in the Registration Statement and the Prospectus, there has been no security breach or other compromise of or relating to any of the Company’s Transaction Entities’ or any Subsidiary’s their subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company Transaction Entities and the Subsidiaries their subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its their IT Systems and Data, except with respect to this clause (i), for any such security breach or other compromise, as would not, individually or in the aggregate, have a Material Adverse Effect; and (ii) the Company Transaction Entities and the Subsidiaries their subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as with respect to this clause (ii), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company Transaction Entities and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries their subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp), Equity Distribution Agreement (Life Storage Lp)

Cybersecurity. (i) Except as would not reasonably be expected to result disclosed in a Material Adverse Eventthe Registration Statement and the Prospectus, (i)(xx) To the Company’s knowledge, there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s of its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) ), except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any incidents under internal review or investigations relating to the same, and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach breach, or other compromise to its their IT Systems and Data; (ii) the Company and the Subsidiaries its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except in the case of this clause (ii), as would notnot reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractices in all material respects.

Appears in 2 contracts

Samples: Sales Agreement (Axovant Gene Therapies Ltd.), Sales Agreement (Axovant Gene Therapies Ltd.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) To the Company’s knowledge, there has been no material security breach or other material compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or other material compromise to its such IT Systems and Data; (ii) except as would not, individually or in the aggregate, have a Material Adverse Effect, the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all legally binding judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, written internal policies and contractual obligations relating to governing the (x) privacy and security of IT Systems and Data and to (y) the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect,; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards designed to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented commercially reasonable backup and disaster recovery technology consistent with industry standards and practicestechnology.

Appears in 2 contracts

Samples: Share Purchase Agreement (Structure Therapeutics Inc.), Unit Purchase Agreement (ASLAN Pharmaceuticals LTD)

Cybersecurity. Except as would not not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse EventEffect, (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and DataData that would require notification to any third party, including any governmental or regulatory authority, under applicable law; (ii) the Company and the Subsidiaries are presently in compliance in all material respects with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards designed to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology procedures consistent with commercially reasonable industry standards and practices.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.), Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.)

Cybersecurity. Except as would not not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse Event, Effect: (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kiora Pharmaceuticals Inc), Purchase Agreement (Kiora Pharmaceuticals Inc)

Cybersecurity. (i) (A) Except as would not reasonably be expected to result disclosed in a Material Adverse Eventthe Registration Statement, (i)(x) the Disclosure Package and the Prospectus, there has been no security breach or other compromise of or relating to any of the Company’s or any the Significant Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) and (yB) other than as disclosed in the SEC Reports, the Company and the Subsidiaries Significant Subsidiary have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its their IT Systems and Data, except as would not, in the case of this clause (i), reasonably be expected to result in a Material Adverse Effect; (ii) the Company and the Subsidiaries Significant Subsidiary are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have reasonably be expected to result in a Material Adverse Effect; and (iii) the Company and the Subsidiaries Significant Subsidiary have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicestechnology.

Appears in 1 contract

Samples: Underwriting Agreement (Nucor Corp)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as disclosed in the Registration Statement, the Time of Sale Information and the Prospectus, to the knowledge of Parent and the Company, there has been no security breach or other compromise of or relating to any of the CompanyParent’s or any Subsidiary’s its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company Parent and the Subsidiaries its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its their IT Systems and Data, except as would not, in the case of this clause (i), individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (ii) the Company Parent and the Subsidiaries its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the commercially reasonable protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; and (iii) the Company Parent and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries subsidiaries have implemented backup and disaster recovery technology reasonably consistent in all material respects with industry standards and practicespractices or otherwise as Parent generally deems reasonably adequate for its and its subsidiaries’ business.

Appears in 1 contract

Samples: Underwriting Agreement (VEREIT Operating Partnership, L.P.)

Cybersecurity. Except as would not reasonably be expected set forth in Registration Statement, the Pricing Prospectus and the Prospectus, to result in a Material Adverse Eventthe Company’s knowledge, (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance in all material respects with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Underwriting Agreement (Chembio Diagnostics, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) To the knowledge of the Company, there has been no material security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or other compromise to its IT Systems and DataData except for those as would not cause a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in compliance in all material respects with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Danimer Scientific, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus, to the knowledge of the Company, there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its their IT Systems and Data, except as would not, in the case of this clause (i), individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (ii) the Company and the Subsidiaries its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the commercially reasonable protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; and (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries subsidiaries have implemented backup and disaster recovery technology reasonably consistent in all material respects with industry standards and practicespractices or otherwise as the Company generally deems reasonably adequate for its and its subsidiaries’ business.

Appears in 1 contract

Samples: Underwriting Agreement (VEREIT Operating Partnership, L.P.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) which has had or could reasonably expected to have a Material Adverse Effect, and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and DataData which has had or could reasonably expected to have a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (BioSig Technologies, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as disclosed in the Registration Statement, the Prospectuses and the Disclosure Package, there has been no material security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, neither the Company and the Subsidiaries have not nor any Subsidiary has been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the its Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the its Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its their material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Sales Agreement (Standard Lithium Ltd.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as described in the SEC Reports, there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiarysubsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries its subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data, except, in each case, as would not, individually or in the aggregate, have a Material Adverse Effect; (ii) the Company and the Subsidiaries its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries its subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Baudax Bio, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as disclosed in the Registration Statement, the Prospectuses and the Disclosure Package, there has been no material security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, neither the Company and the nor any Subsidiaries have not has been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its their material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Equity Distribution Agreement (Equinox Gold Corp.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data, except in relation to this subclause (i) as would not, individually or in the aggregate, have a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cellectar Biosciences, Inc.)

Cybersecurity. Except as would not reasonably be expected to result set forth in a Material Adverse Eventthe Registration Statement or the Prospectus (including the Incorporated Documents), (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: At the Market Offering Agreement (Chembio Diagnostics, Inc.)

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Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse EventBesides the cyberattack against the Company’s subsidiary Guardforce Cash Solutions Security (Thailand) Limited that occurred on December 5, (i)(x) 2021, there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Guardforce AI Co., LTD)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) there There has been no material security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) except for those as would not cause a Material Adverse Effect, and (y) other than as disclosed in the SEC Reports, the Company and the its Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or other compromise to its IT Systems and DataData that would cause a Material Adverse Effect; (ii) the Company and the its Subsidiaries are presently in compliance in all material respects with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the iii)the Company and the its Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Palladyne AI Corp.)

Cybersecurity. (A) (i) Except as would not reasonably be expected to result disclosed in a Material Adverse Eventthe Registration Statement, (i)(x) the Disclosure Package and the Prospectus, there has been no security breach or other compromise of or relating to any of the Company’s or any the Significant Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third third-party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) and (yii) other than as disclosed in the SEC Reports, the Company and the Subsidiaries Significant Subsidiary have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its their IT Systems and Data, except as would not, in the case of this clause (A), reasonably be expected to result in a Material Adverse Effect; (iiB) the Company and the Subsidiaries Significant Subsidiary are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (B), individually or in the aggregate, have reasonably be expected to result in a Material Adverse Effect; and (iiiC) the Company and the Subsidiaries Significant Subsidiary have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicestechnology.

Appears in 1 contract

Samples: Underwriting Agreement (Nucor Corp)

Cybersecurity. Except as would not reasonably be expected to result could not, individually or in the aggregate, have a Material Adverse EventEffect, to the Company’s knowledge (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with commercially reasonable industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kintara Therapeutics, Inc.)

Cybersecurity. Except as would not reasonably be expected set forth in Registration Statement, the Pricing Disclosure Package and the Prospectus, to result in a Material Adverse Eventthe Company’s knowledge, (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance in all material respects with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Underwriting Agreement (Chembio Diagnostics, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse EventTo the Company’s knowledge, (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data, except as would not, individually or in the aggregate, have a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented are implementing backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Beachbody Company, Inc.)

Cybersecurity. (i)(x) Except as disclosed in the Registration Statement and the Prospectus, or where the breach or compromise would not not, individually or in the aggregate, reasonably be expected to result in have a Material Adverse EventEffect , (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its their IT Systems and DataData except where such event or condition would not, individually or in the aggregate, reasonably be expected have a Material Adverse Effect; (ii) the Company and the Subsidiaries its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Sales Agreement (Conformis Inc)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) Except as disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus, there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s of its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of its their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of itthem), equipment or technology (collectively, “IT Systems and Data”) ), except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any incidents under internal review or investigations relating to the same, and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries its subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its their IT Systems and Data; (ii) the Company and the Subsidiaries its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except in the case of this clause (ii), as would notnot reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practicespractices in all material respects.

Appears in 1 contract

Samples: Underwriting Agreement (Urovant Sciences Ltd.)

Cybersecurity. Except as would not reasonably be expected to result disclosed in a Material Adverse Eventthe SEC Reports, (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) ), except for those as would not cause a Material Adverse Effect, and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and DataData that would cause a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (BioXcel Therapeutics, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and DataData except in relation to this subclause (i) as would not, individually or in the aggregate, have a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cellectar Biosciences, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) there There has been no security breach or other compromise of or relating to any of the Company’s 's or any Subsidiary’s 's information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, "IT Systems and Data") and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data, except in each case as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: At the Market Offering Agreement (GREAT PANTHER MINING LTD)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event(i) (a) To the Knowledge of the Company, (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (yb) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge Knowledge of any event or condition that would reasonably be expected to result in, any material security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws Laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except except, in the case of clauses (i) and (ii) herein, as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Unusual Machines, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) To the knowledge of the Company, there has been no material security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and DataData except for those as would not cause a Material Adverse Effect; (ii) the Company and the Subsidiaries are presently in compliance in all material respects with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with commercially reasonable industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (Seelos Therapeutics, Inc.)

Cybersecurity. Except as would not reasonably be expected to result in a Material Adverse Event, (i)(x) To the Company’s knowledge, there has been no material security breach or other material compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has have no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or other material compromise to its their IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except for such noncompliance as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained safeguards the Company believes to be commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards which the Company believes is appropriate for the size and practicesscope of the operations of the Company and its Subsidiaries.

Appears in 1 contract

Samples: Securities Purchase Agreement (Applied Digital Corp.)

Cybersecurity. Except as would not reasonably be expected to result in have a Material Adverse EventEffect, to the Company’s knowledge, (i)(x) there has been no security breach or other compromise of or relating to any of the Company’s or any Subsidiary’s information technology and computer systems, networks, hardware, software, data (including the data of its respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of it), equipment or technology (collectively, “IT Systems and Data”) and (y) other than as disclosed in the SEC Reports, the Company and the Subsidiaries have not been notified of, and has no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to its IT Systems and Data; (ii) the Company and the Subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect; (iii) the Company and the Subsidiaries have implemented and maintained commercially reasonable safeguards to maintain and protect its material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and Data; and (iv) the Company and the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices.

Appears in 1 contract

Samples: Securities Purchase Agreement (LeddarTech Holdings Inc.)

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