Common use of Financial Condition; Taxes; Litigation Clause in Contracts

Financial Condition; Taxes; Litigation. 3.8.1 The financial condition of the Company and each Subsidiary is, in all material respects, as described in the Disclosure Documents, except for changes in the ordinary course of business and normal year-end adjustments. Except as otherwise described on Schedule 3.8.1 hereto or as disclosed in the Disclosure Documents, as of the date hereof and as of the Closing Date, there has been no material adverse change to the business, operations, properties, financial condition, or results of operations of the Company and the Subsidiaries taken as a whole since the date of the Company’s most recent audited financial statements contained in the Disclosure Documents.

Appears in 1 contract

Samples: Note Purchase Agreement (Applied Digital Solutions Inc)

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Financial Condition; Taxes; Litigation. 3.8.1 The financial condition of the Company and each Company Subsidiary is, in all material respects, as described in the Disclosure Documents, except for changes in the ordinary course of business and normal year-end adjustments. Except as otherwise described on Schedule 3.8.1 hereto or as disclosed in the Disclosure Documents3.8hereto, as of the date hereof and as of the Closing Date, there has been no material adverse change to the business, operations, properties, financial condition, prospects or results of operations of the Company and the its Subsidiaries taken as a whole since the date of the Company’s 's most recent audited financial statements contained in the Disclosure Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bookham, Inc.)

Financial Condition; Taxes; Litigation. 3.8.1 The financial condition of the Company and each Company Subsidiary is, in all material respects, as described in the Disclosure Documents, except for changes in the ordinary course of business and normal year-end adjustments. Except as otherwise described on Schedule 3.8.1 hereto or as disclosed in the Disclosure Documents3.8 hereto, as of the date hereof and as of the Initial Closing Date, there has been no material adverse change to the business, operations, properties, financial condition, prospects or results of operations of the Company and the its Subsidiaries taken as a whole since the date of the Company’s most recent audited financial statements contained in the Disclosure Documents.

Appears in 1 contract

Samples: Securities Exchange Agreement (Bookham, Inc.)

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Financial Condition; Taxes; Litigation. 3.8.1 The financial condition of the Company and each Subsidiary is, in all material respects, as described in the Disclosure Documents, except for changes in the ordinary course of business and normal year-end adjustments. Except as otherwise described on Schedule 3.8.1 hereto or as disclosed in the Disclosure Documents3.8 hereto, as of the date hereof and as of the each Closing Date, there has been no material adverse change to the business, operations, properties, financial condition, or results of operations of the Company and the Subsidiaries taken as a whole since the date of the Company’s 's most recent audited financial statements contained in the Disclosure Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vyteris Holdings (Nevada), Inc.)

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