Common use of No Changes Since Balance Sheet Date Clause in Contracts

No Changes Since Balance Sheet Date. Since the Balance Sheet Date, except as expressly contemplated hereby or as disclosed in a Schedule or Exhibit hereto (including, without limitation, Schedule 2.17) or any SEC Report, neither CHP nor any of CHP's Subsidiaries has (a) incurred any material liability or obligation of any nature (whether accrued, absolute, contingent or otherwise), except in the ordinary course of business (and neither CHP nor any of CHP's Subsidiaries is in default in respect of the terms or conditions of any indebtedness), (b) permitted any of its assets to be subjected to any material mortgage, pledge, lien, security interest, encumbrance, restriction or charge of any kind (other than Permitted Liens), (c) sold, transferred or otherwise disposed of any material assets except in the ordinary course of business, (d) made any material capital expenditure or commitment therefor, except in the ordinary course of business, (e) declared or paid any dividend or made any distribution on any shares of its capital stock, or redeemed, purchased or otherwise acquired any shares of its capital stock or any option, warrant or other right to purchase or acquire any such shares, other than regularly scheduled cash dividends, (f) made any material bonus or profit sharing distribution or payment of any kind, (g) materially increased its indebtedness for borrowed money or made any material loan to any Person, (h) written off as uncollectible any notes or accounts receivable, except write-offs in the ordinary course of business charged to applicable reserves, (i) granted any increase in the rate of wages, salaries, bonuses or other remuneration of any executive employee or other employees, except in the ordinary course of business, (j) canceled or waived any claims or rights of substantial value, (k) made any material change in any method of accounting or audit practice, (l) otherwise conducted its business or entered into any transaction, except in the ordinary course of business, or (m) agreed, whether or not in writing, to do any of the foregoing.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Five Arrows Realty Securities L L C), Securities Purchase Agreement (Five Arrows Realty Securities L L C), Securities Purchase Agreement (CNL Hospitality Properties Inc)

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No Changes Since Balance Sheet Date. Since Except as set forth in the Company SEC Reports, on Schedule 3.21 or as permitted or contemplated by this Agreement, since the Company Balance Sheet Date, except as expressly contemplated hereby or as disclosed in a Schedule or Exhibit hereto (including, without limitation, Schedule 2.17) or any SEC Report, Date neither CHP the Company nor any of CHP's its Subsidiaries has (a) incurred any material liability or obligation of any nature (whether accrued, absolute, contingent or otherwise), except in the ordinary course of business (and neither CHP nor any of CHP's Subsidiaries is in default in respect of the terms or conditions of any indebtedness)business, (b) permitted any of its assets to be subjected to any material mortgage, pledge, lien, security interest, encumbrance, restriction or charge of any kind (other than Permitted Liens), (c) sold, transferred or otherwise disposed of any material assets except in the ordinary course of business, (d) made any material capital expenditure or commitment therefor, except in the ordinary course of business, (e) made any distribution to its shareholders or declared or paid any dividend or made any distribution on any shares of its capital stock, or stock (f) redeemed, purchased or otherwise acquired any shares of its capital stock stock, (g) granted or issued any option, warrant or other right to purchase or acquire any such shares, other than regularly scheduled cash dividendsshares of its capital stock, (fh) made any material bonus or profit sharing distribution or payment of any kind, except in the ordinary course of business, (gi) materially increased its indebtedness for borrowed money money, except current borrowings from banks in the ordinary course of business, or made any material loan to any Person, (hj) written off as uncollectible any notes or accounts receivable, except write-offs in the ordinary course of business charged to applicable reservesreserves or by reduction of revenues, none of which individually or in the aggregate is material to the Company and its Subsidiaries, taken as a whole, (ik) granted any increase in the rate of wages, salaries, bonuses or other remuneration of any executive employee or other employees, except in the ordinary course of business, (jl) canceled or waived any claims or rights except in the ordinary course of substantial valuebusiness, (km) made any material change in any method of accounting or audit auditing practice, (ln) otherwise conducted its business or entered into any material transaction, except in the ordinary course of business, business or (mo) agreed, whether or not in writing, to do any of the foregoing.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Speizer Mark), Agreement and Plan of Merger (National Information Group)

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No Changes Since Balance Sheet Date. Since the Balance Sheet Date, except as expressly contemplated hereby or as disclosed in a Schedule or Exhibit hereto (includinghereby, without limitation, Schedule 2.17) or any SEC Report, neither CHP nor any of CHP's Subsidiaries the Company has not (a) incurred any material liability or obligation of any nature (whether accrued, absolute, contingent or otherwise), except in the ordinary course of business (and neither CHP nor any of CHP's Subsidiaries is in default in respect of the terms or conditions of any indebtedness)business, (b) permitted any of its assets to be subjected to any material mortgage, pledge, lien, security interest, encumbrance, restriction or charge of any kind (other than Permitted Liens), (c) sold, transferred or otherwise disposed of any material assets except in the ordinary course of business, (d) made any material capital expenditure or commitment therefor, except in the ordinary course of business, (e) declared or paid any dividend or made any distribution on any shares of its capital stock, or redeemed, purchased or otherwise acquired any shares of its capital stock or any option, warrant or other right to purchase or acquire any such shares, other than regularly scheduled cash dividends, (f) made any material bonus or profit sharing distribution or payment of any kind, (g) materially increased its indebtedness for borrowed money money, except current borrowings from banks in the ordinary course of business, or made any material loan to any Person, (h) written off as uncollectible any notes or accounts receivable, except write-offs in the ordinary course of business charged to applicable reserves, none of which individually or in the aggregate is material to the Company, (i) granted any increase in the rate of wages, salaries, bonuses or other remuneration of any executive employee or other employees, except in the ordinary course of business, (j) canceled cancelled or waived any claims or rights of substantial value, (k) made any material change in any method of accounting or audit auditing practice, (l1) otherwise conducted its business or entered into any transaction, except in the usual and ordinary manner and in the ordinary course of business, or (m) agreed, whether or not in writing, to do any of the foregoing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Indenet Inc)

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