No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 6 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital, LTD), Underwriting Agreement (American Capital Strategies LTD)
No Actions, Suits or Proceedings. Except as otherwise disclosed to the extent described in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby or (ii) could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 5 contracts
Samples: Underwriting Agreement (Keynote Systems Inc), Underwriting Agreement (Keynote Systems Inc), Underwriting Agreement (Keynote Systems Inc)
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 4 contracts
Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby or (ii) could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Underwriting Agreement (Mpath Interactive Inc/Ca), Nassda Corp
No Actions, Suits or Proceedings. Except as to the extent otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or any of its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect material adverse effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby or (ii) could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 2 contracts
Samples: Underwriting Agreement (Extricity Inc), Extricity Inc
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the Indenture or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements Indenture or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 2 contracts
Samples: Underwriting Agreement (American Capital, LTD), American Capital Strategies LTD
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or the Company's or its or their subsidiaries' property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby or (ii) could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
Samples: Discovery Partners International Inc
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Base Prospectus and the Prospectusor in any Prospectus Supplement, no action, suit or proceeding by or before any foreign, federal, state or local court or governmental agency, authority or body or any arbitrator involving the Company or any Significant Subsidiary, as the case may be, or any of its subsidiaries or its or their property is pending or, to the knowledge of the Company, threatened that if adversely determined: (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby; or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Placement Agency Agreement (Avant Immunotherapeutics Inc)
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus Pricing Disclosure Package and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the Indenture or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements Indenture or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: American Capital Strategies LTD
No Actions, Suits or Proceedings. Except as otherwise disclosed described in the most recent Preliminary Base Prospectus and or the ProspectusProspectus Supplement, no action, suit or proceeding by or before any foreign, federal, state or local court or governmental agency, authority or body or any arbitrator involving the Company or Company, any of its subsidiaries or its or any of their property respective properties is pending or, to the best knowledge of the Company, threatened that if adversely determined: (i) could reasonably be expected to have a Material Adverse Effect material adverse effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby; or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Purchase Agreement (Biopure Corp)
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements Agreement or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: American Capital Strategies LTD
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: American Capital Strategies LTD
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby or (ii) could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
No Actions, Suits or Proceedings. Except as otherwise disclosed to the extent described in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby or (ii) could reasonably be expected to result in a Material Adverse ChangeEffect.
Appears in 1 contract
No Actions, Suits or Proceedings. Except as otherwise disclosed in the most recent Preliminary Prospectus and the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement, Agreement or the consummation of any of the transactions contemplated by this Agreement or the Forward Agreements hereby or (ii) could reasonably be expected to result in a Material Adverse Change.
Appears in 1 contract
Samples: Underwriting Agreement (Abgenix Inc)