Common use of No Material Adverse Change; Financial Statements Clause in Contracts

No Material Adverse Change; Financial Statements. (a) Except as set forth on Schedule 4.11 hereto, subsequent to October 31, 1997, there has not been (i) any material adverse change in the properties, business, prospects, operations, assets or condition (financial or otherwise) of the Company and its Subsidiaries taken as a whole, (ii) any asset or property of the Company made subject to a Lien of any kind, other than a Permitted Lien, (iii) any waiver of any valuable right of the Company or any Subsidiary, or the cancellation of any material debt or material claim held by the Company or any Subsidiary, (iv) any payment of dividends on, or other distributions with respect to, or any direct or indirect redemption or acquisition of, any shares of the capital stock of the Company, or any agreement or commitment therefor, (v) any mortgage, pledge, sale, assignment or transfer of any material tangible or intangible assets of the Company, except in the ordinary course of business, (vi) any loan by the Company or any Subsidiary to any officer, director, employee, consultant or stockholder or any agreement or commitment therefor, other than travel expense advances made by the Corporation to its officers, directors, employees, consultants or stockholders in the ordinary course of business, (vii) any material damage, destruction or loss (whether or not covered by insurance) affecting the assets of the Company or any Subsidiary or (viii) any increase, direct or indirect, in the compensation paid or payable to any officer, director, employee, or consultant of the Company or any Subsidiary other than in the ordinary course of business.

No Material Adverse Change; Financial Statements. (a) Except as set forth on Schedule 4.11 4.7 hereto, subsequent to October December 31, 19971998, there has not been (i) any material adverse change in the properties, - business, prospects, operations, assets or condition (financial or otherwise) of the Company and its Subsidiaries taken as a whole, (ii) any asset or property of -- the Company made subject to a Lien of any kind, other than a Permitted LienLiens, (iii) any waiver of any valuable right of the Company or any Subsidiary, or the --- cancellation of any material debt or material claim held by the Company or any Subsidiary, (iv) any payment of dividends on, or other distributions with -- respect to, or any direct or indirect redemption or acquisition of, any shares of the capital stock of the Company, or any agreement or commitment therefor, (v) any mortgage, pledge, sale, assignment or transfer of any material tangible - or intangible assets of the Company, except in the ordinary course of business, (vi) any loan by the Company or any Subsidiary to any officer, director, -- employee, consultant or direct or indirect stockholder or any agreement or commitment therefor, other than travel expense advances made by the Corporation Company to its officers, directors, employees, consultants or stockholders in the ordinary course of business, (vii) any material damage, destruction or loss (whether or --- not covered by insurance) affecting the assets of the Company or any Subsidiary or (viii) any increase, direct or indirect, in the compensation paid or payable ---- to any officer, director, employee, or consultant of the Company or any Subsidiary other than in the ordinary course of business.

No Material Adverse Change; Financial Statements. (a) Except as set forth on Schedule 4.11 3.7 hereto, subsequent to October May 31, 1997------------ 1998, there has not been (i) any material adverse change in the properties, business, prospects, operations, assets or condition (financial or otherwise) of the Company and its Subsidiaries taken as a whole, (ii) any asset or property of the Company made subject to a Lien of any kind, other than a Permitted Lien, (iii) any waiver of any valuable right of the Company or any Subsidiary, or the cancellation of any material debt or material claim held by the Company or any Subsidiary, (iv) any payment of dividends on, or other distributions with respect to, or any direct or indirect redemption or acquisition of, ' any shares of the capital stock of the Company, or any agreement or commitment therefor, (v) any mortgage, pledge, sale, assignment or transfer of any material tangible or intangible assets of the Company, except in the ordinary course of business, (vi) any loan by the Company or any Subsidiary to any officer, director, employee, consultant or stockholder or any agreement or commitment therefor, other than travel expense advances made by the Corporation to its officers, directors, employees, consultants or stockholders in the ordinary course of business, (vii) any material damage, destruction or loss (whether or not covered by insurance) affecting the assets of the Company or any Subsidiary or (viii) any increase, direct or indirect, in the compensation paid or payable to any officer, director, employee, employee or consultant of the Company or any Subsidiary other than in the ordinary course of business.