Common use of Events Subsequent to Most Recent Clause in Contracts

Events Subsequent to Most Recent. Fiscal Year End. Since the Most Recent Fiscal Year End, there have been no changes in Buffalo Hills Residence's Business, financial condition, operations, or results of operations which have a material adverse effect on the Assets, Services, or Assumed Liabilities either separately or in the aggregate (a "Material Adverse Effect"). Without limiting the generality of the preceding sentence, since that date, Buffalo Hills Residence has not: 4.10.1 imposed any Security Interest of any kind upon any of the Assets; 4.10.2 granted any license or sublicense pertaining to the Software Licenses or any rights under or with respect to any Intellectual Property pertaining to the Services; 4.10.3 experienced any damage, destruction, or loss (whether or not covered by insurance) to the Assets which would have a Material Adverse Effect; 4.10.4 sold, leased, transferred, or assigned any of the Assets other than in the Ordinary Course of Business; 4.10.5 defaulted on or postponed payment of the Assumed Liabilities; 4.10.6 entered into any written or oral employment contract or collective bargaining agreement concerning the Service Employees, modified the terms of any such existing contract or agreement, or made any other change in employment terms pertaining to the Services, except for changes in compensation or terms of employment in the Ordinary Course of Business and not in contemplation of this Agreement; 4.10.7 entered into, accelerated, terminated, modified, canceled, or made any other type of material change to any agreement, contract, mortgage, lease, or license pertaining to the Assets or the Services to which Buffalo Hills Residence is a party or by which it is bound which pertains in any way to the Assets or the Services; or 4.10.8 committed to any of the foregoing. 4.11

Events Subsequent to Most Recent. Fiscal Year End. Since the Most Recent Fiscal Year End, there have been no changes in Buffalo Hills ResidenceCKMI Partnership's Business, financial condition, operations, or results of operations which have a material adverse effect on the Assets, Services, or Assumed Liabilities either separately or in the aggregate (a "Material Adverse Effect"). Without limiting the generality of the preceding sentence, since that date, Buffalo Hills Residence CKMI Partnership has not: 4.10.1 6.3.1 imposed any Security Interest of any kind upon any of the Assets; 4.10.2 6.3.2 granted any license or sublicense pertaining to the Software Licenses or any rights under or with respect to any Intellectual Property pertaining to the Services; 4.10.3 6.3.3 experienced any damage, destruction, or loss (whether or not covered by insurance) to the Assets which would have a Material Adverse Effect; 4.10.4 6.3.4 sold, leased, transferred, or assigned any of the Assets other than in the Ordinary Course of Business; 4.10.5 6.3.5 defaulted on or postponed payment of the Assumed Liabilities; 4.10.6 6.3.6 entered into any written or oral employment contract or collective bargaining agreement concerning the Service Employees, modified the terms of any such existing contract or agreement, or made any other change in employment terms pertaining to the Services, except for changes in compensation or terms of employment in the Ordinary Course of Business and not in contemplation of this Agreement; 4.10.7 6.3.7 entered into, accelerated, terminated, modified, canceled, or made any other type of material change to any agreement, contract, mortgage, lease, or license pertaining to the Assets or the Services to which Buffalo Hills Residence CKMI Partnership is a party or by which it is bound which pertains in any way to the Assets or the Services; or 4.10.8 6.3.8 committed to any of the foregoing. 4.116.4

Events Subsequent to Most Recent. Fiscal Year End. Since the Most Recent Fiscal Year End, there have been no changes in Buffalo Hills ResidenceKensington-North Dakota's Business, financial condition, operations, or results of operations which have a material adverse effect on the Assets, Services, or Assumed Liabilities either separately or in the aggregate (a "Material Adverse Effect"). Without limiting the generality of the preceding sentence, since that date, Buffalo Hills Residence Kensington-North Dakota has not: 4.10.1 5.4.1 imposed any Security Interest of any kind upon any of the Assets; 4.10.2 5.4.2 granted any license or sublicense pertaining to the Software Licenses or any rights under or with respect to any Intellectual Property pertaining to the Services; 4.10.3 5.4.3 experienced any damage, destruction, or loss (whether or not covered by insurance) to the Assets which would have a Material Adverse Effect; 4.10.4 5.4.4 sold, leased, transferred, or assigned any of the Assets other than in the Ordinary Course of Business; 4.10.5 5.4.5 defaulted on or postponed payment of the Assumed Liabilities; 4.10.6 5.4.6 entered into any written or oral employment contract or collective bargaining agreement concerning the Service Employees, modified the terms of any such existing contract or agreement, or made any other change in employment terms pertaining to the Services, except for changes in compensation or terms of employment in the Ordinary Course of Business and not in contemplation of this Agreement; 4.10.7 5.4.7 entered into, accelerated, terminated, modified, canceled, or made any other type of material change to any agreement, contract, mortgage, lease, or license pertaining to the Assets or the Services to which Buffalo Hills Residence Kensington-North Dakota is a party or by which it is bound which pertains in any way to the Assets or the Services; or 4.10.8 5.4.8 committed to any of the foregoing. 4.115.5

Events Subsequent to Most Recent. Fiscal Year End. Since the Most Recent Fiscal Year End, there have been no changes in Buffalo Hills ResidenceKensington-Iowa's Business, financial condition, operations, or results of operations which have a material adverse effect on the Assets, Services, or Assumed Liabilities either separately or in the aggregate (a "Material Adverse Effect"). Without limiting the generality of the preceding sentence, since that date, Buffalo Hills Residence Kensington-Iowa has not: 4.10.1 5.4.1 imposed any Security Interest of any kind upon any of the Assets; 4.10.2 5.4.2 granted any license or sublicense pertaining to the Software Licenses or any rights under or with respect to any Intellectual Property pertaining to the Services; 4.10.3 5.4.3 experienced any damage, destruction, or loss (whether or not covered by insurance) to the Assets which would have a Material Adverse Effect; 4.10.4 5.4.4 sold, leased, transferred, or assigned any of the Assets other than in the Ordinary Course of Business; 4.10.5 5.4.5 defaulted on or postponed payment of the Assumed Liabilities; 4.10.6 5.4.6 entered into any written or oral employment contract or collective bargaining agreement concerning the Service Employees, modified the terms of any such existing contract or agreement, or made any other change in employment terms pertaining to the Services, except for changes in compensation or terms of employment in the Ordinary Course of Business and not in contemplation of this Agreement; 4.10.7 5.4.7 entered into, accelerated, terminated, modified, canceled, or made any other type of material change to any agreement, contract, mortgage, lease, or license pertaining to the Assets or the Services to which Buffalo Hills Residence Kensington-Iowa is a party or by which it is bound which pertains in any way to the Assets or the Services; or 4.10.8 5.4.8 committed to any of the foregoing. 4.115.5

Events Subsequent to Most Recent. Fiscal Year End. Since the Most Recent Fiscal Year End, there have been no changes in Buffalo Hills ResidenceKensington-Rochester's Business, financial condition, operations, or results of operations which have a material adverse effect on the Assets, Services, or Assumed Liabilities either separately or in the aggregate (a "Material Adverse Effect"). Without limiting the generality of the preceding sentence, since that date, Buffalo Hills Residence Kensington-Rochester has not: 4.10.1 except in connection with construction loans with Princeton Bank, imposed any Security Interest of any kind upon any of the Assets; 4.10.2 granted any license or sublicense pertaining to the Software Licenses or any rights under or with respect to any Intellectual Property pertaining to the Services; 4.10.3 experienced any damage, destruction, or loss (whether or not covered by insurance) to the Assets which would have a Material Adverse Effect; 4.10.4 sold, leased, transferred, or assigned any of the Assets other than in the Ordinary Course of Business; 4.10.5 defaulted on or postponed payment of the Assumed Liabilities; 4.10.6 entered into any written or oral employment contract or collective bargaining agreement concerning the Service Employees, modified the terms of any such existing contract or agreement, or made any other change in employment terms pertaining to the Services, except for changes in compensation or terms of employment in the Ordinary Course of Business and not in contemplation of this Agreement; 4.10.7 entered into, accelerated, terminated, modified, canceled, or made any other type of material change to any agreement, contract, mortgage, lease, or license pertaining to the Assets or the Services to which Buffalo Hills Residence Kensington-Rochester is a party or by which it is bound which pertains in any way to the Assets or the Services; or 4.10.8 committed to any of the foregoing. 4.11

Events Subsequent to Most Recent. Fiscal Year End. Since the Most Recent Fiscal Year End, there have been no changes in Buffalo Hills ResidenceSeller's Business, financial condition, operations, or results of operations which have a material adverse effect on the Assets, Services, or Assumed Liabilities either separately or in the aggregate (a "Material Adverse Effect"). Without limiting the generality of the preceding sentence, since that date, Buffalo Hills Residence Seller has not: 4.10.1 6.3.1 imposed any Security Interest of any kind upon any of the Assets; 4.10.2 6.3.2 granted any license or sublicense pertaining to the Software Licenses or any rights under or with respect to any Intellectual Property pertaining to the Services; 4.10.3 6.3.3 experienced any damage, destruction, or loss (whether or not covered by insurance) to the Assets which would have a Material Adverse Effect; 4.10.4 6.3.4 sold, leased, transferred, or assigned any of the Assets other than in the Ordinary Course of Business; 4.10.5 6.3.5 defaulted on or postponed payment of the Assumed Liabilities; 4.10.6 6.3.6 entered into any written or oral employment contract or collective bargaining agreement concerning the Service Employees, modified the terms of any such existing contract or agreement, or made any other change in employment terms pertaining to the Services, except for changes in compensation or terms of employment in the Ordinary Course of Business and not in contemplation of this Agreement; 4.10.7 6.3.7 entered into, accelerated, terminated, modified, canceled, or made any other type of material change to any agreement, contract, mortgage, lease, or license pertaining to the Assets or the Services to which Buffalo Hills Residence Seller is a party or by which it is bound which pertains in any way to the Assets or the Services; or 4.10.8 6.3.8 committed to any of the foregoing. 4.116.4