Common use of No Debt Downgrading Clause in Contracts

No Debt Downgrading. There shall not have occurred any downgrading, nor shall any notice have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating accorded any of the Company's securities by any "nationally recognized statistical rating organization," as such term is defined for purposes of Rule 436(g)(2) under the Securities Act.

Appears in 15 contracts

Samples: Underwriting Agreement (Crocs, Inc.), Underwriting Agreement (Gaiam Inc), Underwriting Agreement (Crocs, Inc.)

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No Debt Downgrading. There shall not have occurred any ------------------- downgrading, nor shall any notice have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating accorded any of the Company's securities by any "nationally recognized statistical rating organization," as such term is defined for purposes of Rule 436(g)(2) under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Rainmaker Systems Inc), Underwriting Agreement (Z Tel Technologies Inc), Underwriting Agreement (Peets Coffee & Tea Inc)

No Debt Downgrading. There shall not have occurred any downgrading, nor shall any notice have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating accorded any of the Company's ’s securities by any "nationally recognized statistical rating organization," as such term is defined for purposes of Rule 436(g)(2) under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Impac Medical Systems Inc), Underwriting Agreement (Scopus Video Networks Ltd.), Underwriting Agreement (Xenogen Corp)

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No Debt Downgrading. There shall not have occurred any downgrading, nor shall any notice have been given of any intended or potential downgrading or of any review for a possible change that does not indicate the direction of the possible change, in the rating 11 18 accorded any of the Company's securities by any "nationally recognized statistical rating organization," as such term is defined for purposes of Rule 436(g)(2) under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Versata Inc)

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