IT Systems. During the Relevant Period and subject to exceptions that individually or in the aggregate would not reasonably be expected to result in a Material Adverse Change, (i)(x) There has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiaries), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries have complied, and are presently in compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 3 contracts
Sources: Sales Agreement (NUSCALE POWER Corp), Sales Agreement (NUSCALE POWER Corp), Sales Agreement (NUSCALE POWER Corp)
IT Systems. During (i)(x)To the Relevant Period and subject to exceptions that individually or in the aggregate would not reasonably be expected to result in a Material Adverse ChangeCompany’s Knowledge, (i)(x) There there has been no material security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge Knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack breach or compromise to their IT Systems and Data, (ii) except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, the Company and each of its Subsidiaries have complied, and are presently in compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 3 contracts
Sources: Underwriting Agreement (SurgePays, Inc.), Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (Aytu Biopharma, Inc)
IT Systems. During Except as otherwise described in the Relevant Period Prospectus, and subject to exceptions that except as would not, individually or in the aggregate would not reasonably be expected to aggregate, result in a Material Adverse ChangeEffect, (i)(xx) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of the Company or and its Subsidiaries), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, ; (ii) the Company and each of its Subsidiaries have compliedcomplied in all material respects, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 modification; and (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technology consistent with industry standards and practicetechnology.
Appears in 3 contracts
Sources: Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc), Underwriting Agreement (Aspen Aerogels Inc)
IT Systems. During the Relevant Period and subject to exceptions that individually or in the aggregate would not reasonably be expected to result in a Material Adverse Change, (i)(x) There To the Company’s Knowledge, there has been no material security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge Knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack breach or compromise to their IT Systems and Data, (ii) except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, the Company and each of its Subsidiaries have complied, and are presently in compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 2 contracts
Sources: Underwriting Agreement (TriSalus Life Sciences, Inc.), Underwriting Agreement (Hyperfine, Inc.)
IT Systems. During the Relevant Period and subject to exceptions that Except as would not, individually or in the aggregate would not reasonably be expected to aggregate, result in a Material Adverse Change, (i)(x) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, Personal Data, or other confidential, regulated, or sensitive data (including the any such data of their respective customers, employees, suppliers, or vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, of and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to of their IT Systems and Data, (ii) the Company and each of its Subsidiaries have complied, and are presently in compliance with, all applicable laws, laws and statutes or any applicable binding judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority authority, and all binding industry guidelines, standards, internal policies and contractual obligations 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 and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 2 contracts
Sources: Sales Agreement (LENZ Therapeutics, Inc.), Sales Agreement (LENZ Therapeutics, Inc.)
IT Systems. During (i) Except as otherwise described in the Relevant Period SEC Documents, and subject to exceptions that except as would not, individually or in the aggregate would not reasonably be expected to aggregate, result in a Material Adverse ChangeEffect, (i)(xx) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its the Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its the Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its the Subsidiaries have compliedcomplied in all material respects, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. During To the Relevant Period and subject to exceptions that individually or in the aggregate would not reasonably be expected to result in a Material Adverse ChangeCompany’s knowledge, (i)(x) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiariessubsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, in each case except for those circumstances that have been remedied without material cost or liability or the duty to notify any other person. Except as would not reasonably be expected to result in a Material Adverse Effect, (iii) the Company and each of its Subsidiaries subsidiaries have complied, and are presently in compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iiiii) the Company and each of its Subsidiaries subsidiaries have implemented security, incident response, backup and disaster recovery technology technology, policies, and procedures for the business consistent with industry standards and practicepractice (the “Security Policies”).
Appears in 1 contract
IT Systems. During Except as otherwise described in the Relevant Period Prospectus, and subject to exceptions that except as would not, individually or in the aggregate would not reasonably be expected to aggregate, result in a Material Adverse ChangeEffect, (i)(xx) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its the Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its the Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its the Subsidiaries have compliedcomplied in all material respects, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Forte Biosciences, Inc.)
IT Systems. During the Relevant Period and subject to exceptions that individually (i) Except as would not, singly or in the aggregate would not aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect on the Company, (i)(x) There there has been no security breach or attack breach, attack, or other compromise of or relating to any of the Company’s and its Subsidiariessubsidiaries’ information technology and computer systems, networks, hardware, software, data (including any proprietary or confidential data, Personal Data or the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack attack, or other compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries subsidiaries have materially complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all applicable 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 and (iii) the Company and each of its Subsidiaries subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice, except in each case, to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect on the Company and its subsidiaries, taken as a whole.
Appears in 1 contract
IT Systems. During (i) Except as otherwise described in the Relevant Period Commission Documents, and subject to exceptions that except as would not, individually or in the aggregate would not reasonably be expected to aggregate, result in a Material Adverse ChangeEffect, (i)(xx) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its the Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its the Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its the Subsidiaries have compliedcomplied in all material respects, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. During the Relevant Period and subject to exceptions that Except as would not, individually or in the aggregate would not aggregate, reasonably be expected to result in have a Material Adverse ChangeEffect, or except as described in the Registration Statement and the Prospectus, (i)(x) There i)(x)there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiariessubsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries subsidiaries have complied, and are presently in compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
Sources: Sales Agreement (Allakos Inc.)
IT Systems. During Except as disclosed in the Relevant Period Prospectus and subject to exceptions that except as would not, individually or in the aggregate would not aggregate, reasonably be expected to result in a Material Adverse Change, to the Company’s knowledge, (i)(x) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries have complied, and are presently in compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
Sources: Sales Agreement (Romeo Power, Inc.)
IT Systems. During (i) Except as otherwise described in the Relevant Period Registration Statement and subject to exceptions that the Prospectus, and except as would not, individually or in the aggregate would not reasonably be expected to aggregate, result in a Material Adverse ChangeEffect, (i)(xx) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its the Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its the Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its the Subsidiaries have compliedcomplied in all material respects, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its the Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Meta Materials Inc.)
IT Systems. During the Relevant Period and subject to exceptions that Except as would not, individually or in the aggregate would not aggregate, reasonably be expected to result in a Material Adverse Change, to the Company’s knowledge, (i)(x) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries have complied, complied and are presently in compliance withcompliance, in all material respects with all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent in material respects with industry standards and practice.
Appears in 1 contract
Sources: Sales Agreement (Brightcove Inc)
IT Systems. During the Relevant Period and subject to exceptions that Except as would not reasonably be expected, individually or in the aggregate would not reasonably be expected aggregate, to result in a Material Adverse Change, (i)(x) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries have complied, and are presently in compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. During the Relevant Period and subject to exceptions that Except as would not, individually or in the aggregate would not aggregate, reasonably be expected to result in a Material Adverse ChangeEffect, to the Company’s knowledge, (i)(x) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiariessubsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries subsidiaries have complied, and are presently in compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. During the Relevant Period and subject to exceptions that Except as would not, individually or in the aggregate would not aggregate, reasonably be expected to result in a Material Adverse Change, to the Company’s knowledge, (i)(x) There there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by the Company or its Subsidiarieson behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries have complied, and are presently in compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority 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 and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract