Common use of Material Loss Clause in Contracts

Material Loss. The Company has not, since the date of the latest financial statements included in the Prospectus, sustained any material loss or interference with its business from fire, explosion, flood, or other calamity, whether or not covered by insurance, or from any labor dispute or court or governmental action, order, or decree, other than as set forth in the Prospectus. Since the respective dates as of which information is set forth in the Prospectus, and except as otherwise set forth therein: (i) there has not been any change in the capital stock, or material increase in the long-term debt, of the Company; (ii) there has not been any material adverse change in the condition (financial or otherwise), business, prospects (financial or otherwise), results of operations, general affairs, or management of the Company, whether or not arising in the ordinary course of business; (iii) no event has occurred that would result in a material write-down of assets of the Company; (iv) the Company has not incurred any material liability or obligation, direct or contingent, or entered into any material transaction, other than those in the ordinary course of business; (v) the Company has not purchased any of its outstanding capital stock; (vi) there has been no dividend or distribution of any kind declared, paid, or made by the Company in respect of the Common Stock; (vii) there has not been any material interruption in the availability of materials, supplies, or equipment necessary for the conduct of the business of the Company; and (viii) there has not been any execution or imposition of any material lien, charge, or encumbrance upon any property or assets of the Company.

Appears in 2 contracts

Samples: Underwriting Agreement (Muse Technologies Inc), Underwriting Agreement (Muse Technologies Inc)

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Material Loss. The Company has not, since the date of the latest financial statements included in the ProspectusProspectus or the Registration Statement, sustained any material loss or interference with its business from fire, explosion, flood, or other calamity, whether or not covered by insurance, or from any labor dispute or court or governmental action, order, or decree, other than as set forth in the Prospectus. Since the respective dates as of which information is set forth in the Prospectus, and except as otherwise set forth therein: (i) there has not been any change in the capital stock, or material increase in the short term or long-term debt, of the Company; (ii) there has not been any material adverse change or any prospective material adverse change in the condition (financial or otherwise), business, prospects (financial or otherwise), results of operations, general affairs, or management of the Company, whether or not arising in the ordinary course of business; (iii) no event has occurred that would result in a material write-down of assets of the Company; (iv) the Company has not incurred any material liability or obligation, direct or contingent, or entered into any material transaction, other than those in the ordinary course of business; (v) the Company has not purchased any of its the Company's outstanding capital stocksecurities; (vi) there has been no dividend or distribution of any kind declared, paid, or made by the Company in respect of the Common Stock; and (vii) there has not been any material interruption in the availability of materials, supplies, or equipment necessary for the conduct of the business of the Company; and (viii) there has not been any execution or imposition of 6 7 any material lien, charge, or encumbrance upon any the respective property or assets of the Company.

Appears in 1 contract

Samples: Underwriting Agreement (Curtis International LTD)

Material Loss. The Company has not, since the date of the latest financial statements included in the ProspectusProspectus or the Registration Statement, sustained any material loss or interference with its business from fire, explosion, flood, or other calamity, whether or not covered by insurance, or from any labor dispute or court or governmental action, order, or decree, other than as set forth in the Prospectus. Since the respective dates as of which information is set forth in the Prospectus, and except as otherwise set forth therein: (i) there has not been any change in the capital stock, or material increase in the short term or long-term debt, of the Company; (ii) there has not been any material adverse change or any prospective material adverse change in the condition (financial or otherwise), business, prospects (financial or otherwise), results of operations, general affairs, or management of the Company, whether or not arising in the ordinary course of business; (iii) no event has occurred that would result in a material write-down of assets of the Company; (iv) the Company has not incurred any material liability or obligation, direct or contingent, or entered into any material transaction, other than those in the ordinary course of business; (v) the Company has not purchased any of its the Company's outstanding capital stocksecurities; (vi) there has been no dividend or distribution of any kind declared, paid, or made by the Company in respect of the Common Stock; and (vii) there has not been any material interruption in the availability of materials, supplies, or equipment necessary for the conduct of the business of the Company; and (viii) there has not been any execution or imposition of any material lien, charge, or encumbrance upon any the respective property or assets of the Company.

Appears in 1 contract

Samples: Underwriting Agreement (Curtis International LTD)

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Material Loss. The Company has Company, its Subsidiaries and Consortium 2000 have not, since the date of the latest financial statements included in the ProspectusProspectus or the Registration Statement, sustained any material loss or interference with its business from fire, explosion, flood, or other calamity, whether or not covered by insurance, or from any labor dispute or court or governmental action, order, or decree, other than as set forth in the Prospectus. Since the respective dates as of which information is set forth in the Prospectus, and except as otherwise set forth therein: (i) there has not been any change in the capital stock, or material increase in the short term or long-term debt, of the Company, its Subsidiaries and Consortium 2000 taken as a whole; (ii) there has not been any material adverse change Material Adverse Effect or any prospective Material Adverse Effect in the condition (financial or otherwise), business, prospects (financial or otherwise), results of operations, general affairs, or management of the Company, its Subsidiaries and Consortium 2000 taken as a whole, whether or not arising in the ordinary course of business; (iii) no event has occurred that would result in a material write-down of assets of the Company; , its Subsidiaries or Consortium 2000, (iv) the Company has Company, its Subsidiaries and Consortium 2000, have not incurred any material liability or obligation, direct or contingent, or entered into any material transaction, other than those in the ordinary course of business; (v) the Company has not purchased any of its outstanding capital stock; (vi) there has been no dividend or distribution of any kind declared, paid, or made by the Company in respect of the Common Stock; (vii) there has not been any material interruption in the availability of materials, supplies, or equipment necessary for the conduct of the business of the Company; and (viii) there has not been any execution or imposition of any material lien, charge, or encumbrance upon any the respective property or assets of the Company, its Subsidiaries or Consortium 2000.

Appears in 1 contract

Samples: Underwriting Agreement (Ustel Inc)

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