Common use of Data Protection; No Breaches Clause in Contracts

Data Protection; No Breaches. The Company’s and its Subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases are adequate for, and operate and perform in all material respects as required in connection with, the operation of the business of the Company and its Subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its Subsidiaries have taken all technical and organizational measures necessary to protect the information technology systems and Data used in connection with the operation of the Company’s and the Subsidiaries’ businesses. Without limiting the foregoing, the Company and its Subsidiaries have used reasonable efforts to establish and maintain, and have established, maintained, implemented and complied with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans, which are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or Data used in connection with the operation of the Company’s or its Subsidiaries’ businesses (“Breach” for the purposes of this subsection). There has been no such Breach, and 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 such Breach.

Appears in 2 contracts

Samples: At Market Issuance Sales Agreement (Phunware, Inc.), At Market Issuance Sales Agreement (Phunware, Inc.)

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Data Protection; No Breaches. The Company’s and its Subsidiariessubsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases are adequate for, and to the Company’s knowledge operate and perform in all material respects as required in connection with, the operation of the business of the Company and its Subsidiaries subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its Subsidiaries subsidiaries have taken all reasonable technical and organizational measures necessary to protect the information technology systems and Data used in connection with the operation of the Company’s and the Subsidiariessubsidiaries’ businesses. Without limiting the foregoing, the Company and its Subsidiaries subsidiaries have used reasonable efforts to establish and maintain, and to the Company’s knowledge have established, maintained, implemented and complied with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans, which are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or Data used in connection with the operation of the Company’s or its Subsidiariessubsidiaries’ businesses (“Breach” for the purposes of this subsection). There To the Company’s knowledge, there has been no such Breach, and the Company and the Subsidiaries subsidiaries have not been notified in writing of and has have no knowledge of any event or condition that would reasonably be expected to result in, any such Breach.

Appears in 1 contract

Samples: Underwriting Agreement (HyreCar Inc.)

Data Protection; No Breaches. The Except as disclosed in the Registration Statement or Prospectus, the Company’s and its Subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases are adequate for, and operate and perform in all material respects as required in connection with, the operation of the business of the Company and its Subsidiaries as currently conducted, and, to the Company’s knowledge, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its Subsidiaries have has taken all technical and organizational measures necessary commercially reasonably steps to protect the information technology systems and Data used in connection with the operation of the Company’s and the Subsidiaries’ businessesbusiness. Without limiting the foregoing, the Company and its Subsidiaries have has used reasonable efforts to establish and maintain, and have has established, maintained, implemented and complied with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans, which plans that are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or Data used in connection with the operation of the Company’s or its Subsidiaries’ businesses business (“Breach” for the purposes of this subsection). There has been no such Breach, and 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 such Breach, except in each case as would not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 1 contract

Samples: At the Market Issuance Sales Agreement (Microvision, Inc.)

Data Protection; No Breaches. The Company’s and its Subsidiariessubsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases are adequate for, and operate and perform in all material respects as required in connection with, the operation of the business of the Company and its Subsidiaries subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its Subsidiaries subsidiaries have taken all commercially reasonable technical and organizational measures necessary to protect the information technology systems and Data used in connection with the operation of the Company’s and the Subsidiariessubsidiaries’ businesses. Without limiting the foregoing, the Company and its Subsidiaries subsidiaries have used commercially reasonable efforts to establish and maintain, and have established, maintained, implemented and complied with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans, which are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or Data used in connection with the operation of the Company’s or its Subsidiariessubsidiaries’ businesses (“Breach” for the purposes of this subsection). There has been no such material Breach, and the Company and the Subsidiaries subsidiaries have not been notified of and has no knowledge of any event or condition that would reasonably be expected to result in, any such material Breach.

Appears in 1 contract

Samples: Underwriting Agreement (Rekor Systems, Inc.)

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Data Protection; No Breaches. The Company’s Except as disclosed in the Registration Statement or Prospectus, the Company and its Subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases are adequate for, and operate and perform in all material respects as required in connection with, the operation of the business of the Company and its Subsidiaries as currently conducted, and, to the Company’s knowledge, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its Subsidiaries have taken all technical and organizational measures necessary commercially reasonably steps to protect the information technology systems and Data used in connection with the operation of the Company’s Company and the its Subsidiaries’ businessesbusiness. Without limiting the foregoing, the Company and its Subsidiaries have used reasonable efforts to establish and maintain, and have has established, maintained, implemented and complied with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans, which plans that are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or Data used in connection with the operation of the Company’s or Company and its Subsidiaries’ businesses business (“Breach” for the purposes of this subsection). There has been no such Breach, and 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 such Breach, except in each case as would not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 1 contract

Samples: At the Market Issuance Sales Agreement (Sonida Senior Living, Inc.)

Data Protection; No Breaches. The Company’s and its Subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases that are owned or managed by the Company or its Subsidiaries are adequate for, and operate and perform in all material respects as required in connection with, the operation of the business of the Company and its Subsidiaries as currently conducted, free and clear of all known and material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its Subsidiaries have taken all commercially reasonable technical and organizational measures necessary to protect the information technology systems and Data used in connection with the operation of the Company’s and the Subsidiaries’ businesses. Without limiting the foregoing, the Company and its Subsidiaries have used commercially reasonable efforts to establish and maintain, and have established, maintained, implemented and complied with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans, which are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or Data owned or managed by the Company or its Subsidiaries and used in connection with the operation of the Company’s or its Subsidiaries’ businesses (“Breach” for the purposes of this subsection). There has been no such material Breach, and 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 such material Breach.

Appears in 1 contract

Samples: Underwriting Agreement (Heritage Global Inc.)

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