Liabilities; Fees, Costs and Expenses. (a) Neither NitroMed nor any NitroMed Subsidiary has any accrued, contingent or other liabilities of any nature, either matured or unmatured (whether or not required to be reflected in financial statements in accordance with GAAP, and whether due or to become due), except for: (i) liabilities identified in NitroMed's balance sheet included in its Form 10-K for the year ended December 31, 2007 (the "NitroMed Balance Sheet") or any subsequent interim or full-year balance sheet filed by NitroMed with the SEC subsequent to December 31, 2007, or otherwise described in NitroMed's Form 10-K for the year ended December 31, 2007; (ii) liabilities that have been incurred since December 31, 2007 (or the date of any subsequent interim or full-year balance sheet filed by NitroMed with the SEC subsequent to December 31, 2007) in the Ordinary Course of Business; (iii) liabilities which have arisen since the date of the NitroMed Balance Sheet in the Ordinary Course of Business and (iv) contractual and other liabilities incurred in the Ordinary Course of Business which are not required by GAAP to be reflected on a balance sheet.
Liabilities; Fees, Costs and Expenses. The Company does not have any accrued, contingent or other liabilities of any nature, either matured or unmatured (whether or not required to be reflected in financial statements in accordance with GAAP, and whether due or to become due), except for: (i) liabilities identified as such in the Unaudited Interim Balance Sheet or the balance sheet as of December 31, 2007 included in the Company Financial Statements; (ii) liabilities that have been incurred by the Company in the ordinary course of business and consistent with the Company’s past practices or in connection with this Agreement and the transactions contemplated hereby; (iii) liabilities under the Company Contracts listed in Section 3.10(a) of the Company Disclosure Schedule, to the extent the nature and magnitude of such liabilities can be specifically ascertained by reference to the text of such Company Contracts; and (iv) the liabilities identified in Section 3.11 of the Company Disclosure Schedule.
Liabilities; Fees, Costs and Expenses. (a) The Company has no accrued, contingent or other liabilities of any nature, either matured or unmatured (whether or not required to be reflected in financial statements in accordance with GAAP, and whether due or to become due), except for: (i) liabilities identified as such in the "liabilities" column of the Audited Balance Sheet; (ii) accounts payable or accrued salaries that have been incurred by the Company since September 30, 2000 in the ordinary course of business and consistent with the Company's past practices; (iii) liabilities under the Material Contracts, to the extent the nature and magnitude of such liabilities can be specifically ascertained by reference to the text of such Company Contracts; (iv) the liabilities identified in Part 2.11(a) of the Company Disclosure Schedule; and (v) liabilities incurred in the ordinary course of business not exceeding $150,000 in the aggregate and not required to be otherwise disclosed in the Company Disclosure Schedule. Part 2.11(a) of the Company Disclosure Schedule lists the amount and details of all outstanding Liabilities for borrowed money of the Company as of the date of this agreement.
Liabilities; Fees, Costs and Expenses. (a) The Acquired Corporations have no Liabilities, except for: (i) Liabilities identified as such in the "liabilities" column of the Unaudited Interim Balance Sheet; (ii) accounts payable or accrued salaries that have been incurred by the Acquired Corporations since October 31, 2001 in the Ordinary Course of Business; and (iii) Liabilities under the Material Contracts, to the extent the nature and magnitude of such liabilities can be specifically ascertained by reference to the text of such Company Contracts (excluding any Liabilities arising under the Stock Distribution Transaction (as defined below) of which there are none).
Liabilities; Fees, Costs and Expenses. Except as set forth in Section 2.11 of the Company Disclosure Schedule, the Company has no liabilities of any nature, whether accrued, contingent, matured or unmatured (whether or not required to be reflected in financial statements in accordance with U.S. GAAP, and whether due or to become due), except for: (i) liabilities identified in the Unaudited Balance Sheet; (ii) liabilities under the Material Contracts, arising or incurred in accordance with the express terms of such Material Contracts; (iii) liabilities for expenses, including the fees and expenses of counsel and accountants, incurred in connection with this Agreement and the other transactions contemplated hereby; and (iv) liabilities incurred in the ordinary course of business since December 31, 2003 not exceeding $50,000 in the aggregate.
Liabilities; Fees, Costs and Expenses. (a) The Company has no accrued, contingent or other liabilities of any nature, either matured or unmatured (whether or not required to be reflected in financial statements in accordance with generally accepted accounting principles, and whether due or to become due), except for: (i) liabilities identified as such in the "liabilities" column of the Company's Balance Sheet for the period ending December 31, 1999; (ii) accounts payable or accrued salaries that have been incurred by the Company since December 31, 1999 in the ordinary course of business and consistent with the Company's past practices; (iii) liabilities under the Material Contracts, to the extent the nature and magnitude of such liabilities can be specifically ascertained by reference to the text of such Company Contracts; and (iv) the liabilities identified in Part 2.11(a) of the Company Disclosure Schedule.
Liabilities; Fees, Costs and Expenses. (a) The Company does not have any accrued, contingent or other liabilities of any nature, either matured or unmatured, whether or not required to be reflected in financial statements in accordance with GAAP, and whether due or to become due, except for: (i) liabilities identified as such in the “liabilities” column of the Unaudited Balance Sheet; (ii) accounts payable or accrued salaries and obligations under the Company Plans that have been incurred by the Company in the ordinary course of business and consistent with the Company’s past practices; (iii) liabilities under the Company Contracts listed in Part 3.9(d) or Part 3.10(a) of the Company Disclosure Schedule, to the extent the nature and magnitude of such liabilities can be specifically ascertained by reference to the text of such Company Contracts; (iv) contractual 37. and other current liabilities incurred in the ordinary course of business since December 31, 2007; and (v) the liabilities identified in Part 3.11(a) of the Company Disclosure Schedule.
Liabilities; Fees, Costs and Expenses. The Company has no accrued, contingent or other liabilities of any nature, either matured or unmatured (whether or not required to be reflected in financial statements in accordance with GAAP, and whether due or to become due), except for: (i) liabilities identified in the Unaudited Interim Balance Sheet; (ii) accounts payable or accrued salaries that have been incurred by the Company since April 30, 2000 in the ordinary course of business and consistent with the Company's past practices; (iii) liabilities under the Material Contracts, to the extent the nature and magnitude of such liabilities can be specifically ascertained by reference to the text of such Material Contracts; (iv) liabilities for expenses including the fees and expenses of counsel and accountants incurred in connection with this Agreement and the other transactions contemplated hereby, which in the aggregate will not exceed $50,000; and (v) the liabilities identified in Part 2.11(a) of the Company Disclosure Schedule.
Liabilities; Fees, Costs and Expenses. (a) Archemix does not have any accrued, contingent or other liabilities of any nature, either matured or unmatured (whether or not required to be reflected in financial statements in accordance with GAAP, and whether due or to become due), except for: (i) liabilities identified as such in the “liabilities” column of the Archemix Unaudited Interim Balance Sheet, (ii) accounts payable or accrued salaries that have been incurred by Archemix in the Ordinary Course of Business, (iii) liabilities under Archemix Contracts listed in Part 2.10(a) of the Archemix Disclosure Schedule, to the extent the nature and magnitude of such liabilities can be specifically ascertained by reference to the text of such Archemix Contracts, (iv) liabilities that have arisen since the date of the Archemix Unaudited Interim Balance Sheet in the Ordinary Course of Business, and (v) contractual and other liabilities incurred in the Ordinary Course of Business which are not required by GAAP to be reflected on a balance sheet.
Liabilities; Fees, Costs and Expenses. (a) Except as set forth on Part 3.7(a) of the Ethos Disclosure Schedule, Ethos does not have any accrued, contingent or other liabilities of any nature, either matured or unmatured and whether due or to become due, that are required to be reflected in financial statements in accordance with GAAP, except for: (i) liabilities identified as such in the “liabilities” column of the unaudited balance sheet of Ethos as of June 30, 2009 (the “Ethos Balance Sheet”); (ii) current liabilities that have arisen since the date of the Ethos Balance Sheet in the Ordinary Course of Business or otherwise in accordance with its normal operations and consistent with its past practices; and (iii) liabilities for legal, accounting and other expenses in connection with the Contemplated Transactions.
