Common use of Material Changes Clause in Contracts

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 97 contracts

Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Park Ohio Holdings Corp), Equity Distribution Agreement (Arbor Realty Trust Inc)

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Material Changes. Except as contemplated in the Registration Statement and the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company Company, the Operating Partnership and its their respective subsidiaries considered as one enterpriseenterprise (including all of the Properties), whether or not arising in the ordinary course of business.

Appears in 78 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, on a consolidated basis, in the condition, financial or otherwise, or in the earnings, business affairs or business prospects authorized capital stock of the Company and its subsidiaries considered as one enterpriseor any Material Adverse Effect, whether or not arising any development in the ordinary course business or affairs of businessthe Company that could reasonably be expected to cause a Material Adverse Effect.

Appears in 29 contracts

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

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in or affecting any of the Properties or in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries (including the Operating Partnership) considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 23 contracts

Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company Company, the Operating Partnership and its each of their subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 22 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earningsresults of operations, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 20 contracts

Samples: Equity Distribution Agreement (Elme Communities), Equity Distribution Agreement (Astronics Corp), Equity Distribution Agreement (Washington Real Estate Investment Trust)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective change, in the condition, financial or otherwise, or in the business, properties, earnings, business affairs results of operations or business prospects of the Company and its subsidiaries considered except as one enterprisewould not reasonably be expected to have, whether individually or not arising in the ordinary course of businessaggregate, a Material Adverse Change.

Appears in 20 contracts

Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company Company, the Operating Partnership and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 17 contracts

Samples: Equity Distribution Agreement (NewLake Capital Partners, Inc.), Equity Distribution Agreement (Innovative Industrial Properties Inc), At the Market Sales Agreement (Innovative Industrial Properties Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective material adverse change, in or affecting the conditiongeneral affairs, management, financial position, shareholders’ equity or otherwise, or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries considered taken as one enterprise, whether or not arising in the ordinary course of businessa whole.

Appears in 15 contracts

Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterpriseCompany, whether or not arising in the ordinary course of business.

Appears in 9 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the earnings, business affairs affairs, business prospects, management, assets or business prospects properties of the Company Company, the Operating Partnership and its subsidiaries their Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company Company, the Operating Partnership and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 9 contracts

Samples: At the Market Issuance Sales Agreement (Aimco Properties Lp), Equity Distribution Agreement (LaSalle Hotel Properties), Equity Distribution Agreement (Aimco Properties Lp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the CompanyPartnership’s reports filed with the Commission, there shall not have been any material adverse change in the conditiongeneral affairs, condition (financial or otherwiseother), business, assets or in the earnings, business affairs or business prospects results of operations of the Company Partnership and its subsidiaries considered taken as one enterprisea whole, whether or not arising from transactions in the ordinary course of business.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Black Stone Minerals, L.P.), Equity Distribution Agreement (Antero Midstream Partners LP), Equity Distribution Agreement (Global Partners Lp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change Material Adverse Effect in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 7 contracts

Samples: Equity Distribution Agreement (ACRES Commercial Realty Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the business, properties, earnings, business affairs results of operations or business prospects of the Company and its subsidiaries considered except as one enterprisewould not reasonably be expected to have, whether individually or not arising in the ordinary course of businessaggregate, a Material Adverse Effect.

Appears in 7 contracts

Samples: Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)

Material Changes. Except as contemplated disclosed in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, condition (financial or otherwise, ) or in the assets, business, operations, earnings, business affairs properties or business prospects of the Company and its subsidiaries considered the Subsidiaries, taken as one enterprisea whole, whether or not arising in the ordinary course of business.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or in the ability of the Manager to perform its obligations under the Management Agreement, whether or not arising in the ordinary course of business.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Ready Capital Corp), Equity Distribution Agreement (Sutherland Asset Management Corp), Equity Distribution Agreement (Sutherland Asset Management Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective change, in the condition, financial or otherwise, or in the business, properties, earnings, business affairs results of operations or business prospects of the Company and its subsidiaries considered except as one enterprisewould not reasonably be expected to have, whether individually or not arising in the ordinary course of businessaggregate, a Material Adverse Effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Medical Properties Trust Inc), Equity Distribution Agreement (Medical Properties Trust Inc), Equity Distribution Agreement (Medical Properties Trust Inc)

Material Changes. Except as contemplated disclosed in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective material adverse change, in or affecting the conditiongeneral affairs, management, financial position, stockholders’ equity, partners’ capital or otherwise, or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries (including the Partnership) considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp), Equity Distribution Agreement (Regency Centers Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and each of its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 4 contracts

Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterpriseMaterial Adverse Change, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Distribution Agreement (PLx Pharma Inc.), Equity Distribution Agreement (Aevi Genomic Medicine, Inc.), Equity Distribution Agreement (Veritone, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Sales Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the earningsresults of operations, properties, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, condition (financial or otherwise, ) or in the earningsassets, business affairs business, operations, earnings or business prospects properties of the Company and its subsidiaries considered the Subsidiaries, taken as one enterprisea whole, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the financial condition, financial or otherwise, or in the earnings, earnings or business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and its subsidiaries the Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Gramercy Property Trust), Equity Distribution Agreement (Gramercy Property Trust Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects or regulatory status of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (TCP Capital Corp.), Equity Distribution Agreement (TCP Capital Corp.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Portland General Electric Co /Or/), Equity Distribution Agreement (Portland General Electric Co /Or/)

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Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective material adverse change, in or affecting the conditiongeneral affairs, management, financial position, stockholders’ equity, partners’ capital or otherwise, or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries (including the Partnership) considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Regency Centers Lp), Equity Distribution Agreement (Regency Centers Lp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s 's reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)

Material Changes. Except as contemplated disclosed in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Equity One, Inc.), Equity Distribution Agreement (Equity One, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs results of operations or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Digimarc CORP), Equity Distribution Agreement (Digimarc CORP)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, condition (financial or otherwise), business, properties, assets, net worth, results of operations or in the earnings, business affairs or business prospects of the Company, the Operating Company and its subsidiaries considered their subsidiaries, taken as one enterprise, whether or not arising in the ordinary course of businessa whole.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Jernigan Capital, Inc.), Distribution Agreement (Jernigan Capital, Inc.)

Material Changes. Except as contemplated in the Prospectus, Prospectus or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the earnings, business affairs affairs, business prospects, management, assets or business prospects properties of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the CommissionCommission and incorporated by reference in the Prospectus, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (CIM Commercial Trust Corp)

Material Changes. Except as contemplated disclosed in the Prospectus, Prospectus or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (JMP Group Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the CompanyPartnership’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earningsresults of operations, business affairs or business prospects of the Company Partnership and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Buckeye Partners, L.P.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the earningsresults of operations, properties, business affairs or business prospects of the Company and its subsidiaries Significant Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Condor Hospitality Trust, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Archrock Entities considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Archrock, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the conditiongeneral affairs, condition (financial or otherwiseother), management, business, prospects, assets or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries considered taken as one enterprisea whole, whether or not arising from transactions in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (SemGroup Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries the Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Capstead Mortgage Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of businessbusiness that is so material as to make it impracticable or inadvisable to proceed with the offering of the Placement Securities on the terms and in the manner contemplated in the Prospectus.

Appears in 1 contract

Samples: Equity Distribution Agreement (LAVA Therapeutics NV)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earningsresults of operations, business affairs or business prospects of the Company and its subsidiaries considered taken as one enterprisea whole, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (American States Water Co)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the CommissionCommission and incorporated or deemed to be incorporated therein by reference, there shall not have been any material adverse change or any development that could reasonably be expected to result in a material adverse change in the condition, condition (financial or otherwiseother), or in the earningsresults of operations, business affairs or business prospects properties of the Company and its subsidiaries considered taken as one enterprisea whole, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (WGL Holdings Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the CompanyPartnership’s reports filed with the Commission, there shall not have been any material adverse change in the conditiongeneral affairs, condition (financial or otherwisebusiness), assets or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries considered Partnership Entities taken as one enterprisea whole, whether or not arising from transactions in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Golar LNG Partners LP)

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