Common use of NO ADVERSE CHANGE; OPERATIONS OF THE BUSINESS Clause in Contracts

NO ADVERSE CHANGE; OPERATIONS OF THE BUSINESS. Except for conditions affecting the cable television industry as a whole, (i) there has been no material adverse change in, and no event has occurred which, so far as reasonably can be foreseen, is likely, individually or in the aggregate to result in any material adverse change in the Assets, the Business, liabilities, financial condition, operations, earnings or business prospects of the Business; (ii) the Assets or the operations of the Business have not been materially and adversely affected as a result of any fire, explosion, accident, casualty, labor trouble, flood, drought, riot, storm, condemnation, act of God, public force or otherwise or any theft, damage, removal of property, destruction or other casualty loss; (iii) Seller has not made any sale, assignment, lease or other transfer of any of the properties relating to the Business other than in the normal and ordinary course of business; (iv) Seller has continued the pricing policies and has conducted the promotional, advertising and other business and operational activities with respect to the Business (including, without limitation, billing, collection, subscriber relations, and construction and joint trenching activities) substantially and materially in the normal and ordinary course of business consistent with past practices and cable television industry practices; (v) there has been no amendment or termination of any License, Franchise or any Contract; (vi) there has been no waiver or release of any material right or claim against any third party relating to the Business; (vi) there has been no material labor dispute or union activity with respect to or by Seller's employees which affects the operation of the Business; and (vii) there has been no agreement by Seller to take any of the actions described in the preceding clauses (i) through (vi), except as contemplated by this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Mediacom LLC), Asset Purchase Agreement (Mediacom LLC)

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NO ADVERSE CHANGE; OPERATIONS OF THE BUSINESS. Except for conditions affecting the cable television industry as a whole, (i)) there has been no material adverse change in, and no event has occurred which, so far as reasonably can be foreseen, is likely, individually or in the aggregate to result in any material adverse change in the Assets, the Business, liabilities, financial condition, operations, earnings or business prospects of the Business; (ii) the Assets or the operations of the Business have not been materially and adversely affected as a result of any fire, explosion, accident, casualty, labor trouble, flood, drought, riot, storm, condemnation, act of God, public force or otherwise or any theft, damage, removal of property, destruction or other casualty loss; (iii) Seller has not made any sale, assignment, lease or other transfer of any of the properties relating to the Business other than in the normal and ordinary course of business; (iv) Seller has continued the pricing policies and has conducted the promotional, advertising and other business and operational activities with respect to the Business (including, without limitation, billing, collection, subscriber relations, and construction and joint trenching activities) substantially and materially in the normal and ordinary course of business consistent with past practices and cable television industry practices; (v) there has been no amendment or termination of any License, Franchise or any Contract; (vi) there has been no waiver or release of any material right or claim against any third party relating to the Business; (vi) there has been no material labor dispute or union activity with respect to or by Seller's employees which affects the operation of the Business; and (vii) there has been no agreement by Seller to take any of the actions described in the preceding clauses (i) through (vi), except as contemplated by this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Mediacom LLC), Asset Purchase Agreement (Mediacom LLC)

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