No Damage or Destruction. Prior to txx Closing Date, there shall not have occurred any casualty to any facility, property, equipment or inventory owned or used by the Company as a result of which either (i) the monetary amount of damage or destruction aggregates five (5%) percent or more of the aggregate book value shown on the books of account of the entire facilities, properties, equipment and inventory of the Company, or (ii) the total monetary amount of damage or destruction is less than five (5%) percent of the aggregate book value shown on the books of account of the entire facilities, properties, equipment and inventory of the Company, but more than $50,000, and such loss shall not be substantially covered by valid, existing insurance underwritten by responsible insurers.
No Damage or Destruction. Prior to the Closing, there shall not have ------------------------ occurred any casualty to any facility, property, machinery, equipment or the building owned or used by the Seller. Additionally, there shall have been no change in the business, properties or operations of the Seller which would have a materially adverse effect on the value of the business and properties of the Seller.
No Damage or Destruction. After the date hereof, there will have been no damage, destruction or loss of or to any property or properties owned or used by the Colonial Business, whether or not covered by insurance, which in the aggregate may have a material adverse effect on the Colonial Business, the Acquired Assets, the Owned Real Property or the financial condition or results of operations of Colonial.
No Damage or Destruction. The Transferred Assets, Subleased Equipment, and Leased Equipment, as adjusted under Section 1.3, 1.4, and 1.5, shall not have suffered any destruction or damage by fire, accident, or other casualty or Act of God, whether or not covered by insurance, which affects such Transferred Assets, Subleased Equipment, and Leased Equipment in a material and adverse way.
No Damage or Destruction. Prior to the Closing Date, there shall not have occurred any casualty to any facility, property, equipment or inventory owned or used by the Company as a result of which either 41. the monetary amount of damage or destruction aggregates five (5%) percent or more of the aggregate book value shown on the books of account of the entire facilities, properties and equipment of the Company, or 41. the total monetary amount of damage or destruction is less than five (5%) percent of the aggregate book value shown on the books of account of the entire facilities, properties and equipment of the Company, but more than $100,000, and such loss shall not be substantially covered by valid, existing insurance underwritten by responsible insurers. 42.
No Damage or Destruction. Prior to the Closing Date, there shall not have occurred any casualty to any facility, property, equipment or inventory owned
No Damage or Destruction. Prior to the Closing, there shall not have occurred any casualty to any real or personal property of the Company which would have a Material Adverse Effect.
No Damage or Destruction. On the Closing Date, there shall not exist any damage to or destruction of any parts of the Business that, individually or in the aggregate, would materially impair the use or occupancy of the Kingston Property or the operation of the Business. If any of the conditions of this Section 9.1 has not been satisfied, or if satisfaction of any of the conditions of this Section 9.1 becomes impossible, at any time before October 31, 2002 for reasons other than Purchaser's failure to comply with its obligations under this Agreement, then Purchaser may terminate this Agreement by notice to Vendor at any time prior to the Closing without further formality.
No Damage or Destruction. Prior to Closing there shall not have occurred any casualty to any facility, property, or equipment owned or used by Unique which is materially adverse and significant to the business, financial condition, or operations of Unique taken as a whole.
No Damage or Destruction. There shall have been no damage, destruction, or loss of or to any property or properties owned or used by Seller, whether or not covered by insurance, which in the aggregate may have a material adverse effect on the business, financial condition, or results of operations of Seller.
