Common use of No Material Adverse Change in Business Clause in Contracts

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.

Appears in 35 contracts

Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)

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No Material Adverse Change in Business. Since the respective dates as of which information is given provided in the Registration Statement, the General Disclosure Package Statement and the ProspectusProspectus or any amendments or supplements thereto, except as otherwise stated therein, (a) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs, business prospects or regulatory status affairs of the Adviser Company or the AdministratorOperating Partnership, whether or not arising in the ordinary course of business, that would and (b) there have been no transactions entered into by the Company or the Operating Partnership which could reasonably be expected to result in a Material Adverse Effect.

Appears in 35 contracts

Samples: Dealer Manager Agreement (Bluerock Residential Growth REIT, Inc.), Dealer Manager Agreement (Bluerock Residential Growth REIT, Inc.), Dealer Manager Agreement (Bluerock Residential Growth REIT, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has not been no any material adverse change change, or any development involving a prospective material adverse change, in the condition, financial or otherwise, or in the earnings, results of operations or business affairs, business prospects or regulatory status affairs of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a Material Adverse Effect”).

Appears in 17 contracts

Samples: Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp), Underwriting Agreement (Northern Trust Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given provided in the Registration Statement, the General Disclosure Package Statement and the ProspectusProspectus or any amendments or supplements thereto, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs, business prospects or regulatory status affairs of the Adviser Company or the AdministratorOperating Partnership, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.

Appears in 17 contracts

Samples: Dealer Manager Agreement (Moody National REIT II, Inc.), Dealer Manager Agreement (Moody National REIT II, Inc.), Dealer Manager Agreement (Moody National REIT II, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given provided in the Registration Statement, the General Disclosure Package Statement and the ProspectusProspectus or any amendments or supplements thereto, except as otherwise stated therein, (a) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs, business prospects or regulatory status affairs of the Adviser or the AdministratorCompany, whether or not arising in the ordinary course of business, and (b) there have been no transactions entered into by the Company that would could reasonably be expected to result in a Material Adverse Effect.

Appears in 15 contracts

Samples: Dealer Manager Agreement (Sierra Total Return Fund), Dealer Manager Agreement (Sierra Total Return Fund), Dealer Manager Agreement (NexPoint Capital, Inc.)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the AdministratorAdviser, whether or not arising in the ordinary course of business, that would reasonably be expected or on the ability of the Adviser to result in a carry out its obligations under this Agreement or the Investment Management Agreement (collectively, an “Adviser Material Adverse Effect”).

Appears in 10 contracts

Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Bain Capital Specialty Finance, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp), Equity Distribution Agreement (Ares Capital Corp)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the financial condition, financial or otherwise, or in the earnings, business affairs, properties or business prospects or regulatory status of the Adviser or the AdministratorManager, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a “Manager Material Adverse Effect”).

Appears in 9 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given provided in the Registration Statement, the General Disclosure Package Statement and the ProspectusProspectus or any amendments or supplements thereto, except as otherwise stated therein, (a) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, or business affairs, business prospects or regulatory status affairs of the Adviser Company or the AdministratorOperating Partnership, whether or not arising in the ordinary course of business, that would and (b) there have been no transactions entered into by the Company or the Operating Partnership which could reasonably be expected to result in seen as having a Material Adverse Effect.

Appears in 8 contracts

Samples: Dealer Manager Agreement (Clarion Partners Property Trust Inc.), Dealer Manager Agreement (Clarion Partners Property Trust Inc.), Dealer Manager Agreement (Clarion Property Trust Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.

Appears in 8 contracts

Samples: Purchase Agreement (Deutsche Bank Aktiengesellschaft), Purchase Agreement (Deutsche Bank Aktiengesellschaft), Purchase Agreement (Deutsche Bank Contingent Capital LLC V)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a business (an “Administrator Material Adverse Effect”), and (B) there have been no transactions entered into by the Administrator, other than those in the ordinary course of business, which are material with respect to the Administrator.

Appears in 7 contracts

Samples: Underwriting Agreement (Garrison Capital Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given provided in the Registration Statement, the General Disclosure Package and the ProspectusStatement or any amendments thereto, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs, business prospects or regulatory status affairs of the Adviser or the AdministratorFund, whether or not arising in the ordinary course of business, that which would reasonably be expected to result in have a Material Adverse Effect.

Appears in 6 contracts

Samples: Dealer Manager Agreement (Stira Alcentra Global Credit Fund), Dealer Manager Agreement (Stira Alcentra Global Credit Fund), Dealer Manager Agreement (Steadfast Alcentra Global Credit Fund)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in Material Adverse Effect and (B) there have been no transactions entered into by the conditionCompany or any of its Subsidiaries, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising other than those in the ordinary course of business, that would reasonably be expected which are material with respect to result in a Material Adverse Effectthe Company and its Subsidiaries considered as one enterprise.

Appears in 6 contracts

Samples: Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning), Underwriting Agreement (Owens Corning)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated thereintherein or in documents incorporated therein by reference, there has been no material adverse change in the condition, financial or otherwise, results of operations or in the earnings, business affairs, business prospects or regulatory status of the Adviser or Company and the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in Subsidiaries (as hereinafter defined) taken as a whole (a "Material Adverse Effect").

Appears in 5 contracts

Samples: Underwriting Agreement (Edge Petroleum Corp), Underwriting Agreement (Superior Energy Services Inc), Underwriting Agreement (Superior Energy Services Inc)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in each of the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, condition (financial or otherwise, or in the earnings), business affairs, business prospects or regulatory status results of operations of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in Company and its subsidiaries taken as a Material Adverse Effectwhole.

Appears in 4 contracts

Samples: Underwriting Agreement (HCA Holdings, Inc.), Underwriting Agreement (HCA Holdings, Inc.), Underwriting Agreement (HCA Holdings, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a business (an “Adviser Material Adverse Effect”).

Appears in 4 contracts

Samples: Purchase Agreement (Horizon Technology Finance Corp), Purchase Agreement (Horizon Technology Finance Corp), Purchase Agreement (Golub Capital BDC, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given provided in the Registration Statement, the General Disclosure Package Statement and the ProspectusProspectus or any amendments or supplements thereto, except as otherwise stated therein, (a) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs, business prospects or regulatory status affairs of the Adviser or the AdministratorCompany, whether or not arising in the ordinary course of business, and (b) there have been no transactions entered into by the Company that would could reasonably be expected to result in a Material Adverse EffectEffect on the Company.

Appears in 4 contracts

Samples: Dealer Manager Agreement (TriLinc Global Impact Fund LLC), Dealer Manager Agreement (TriLinc Global Impact Fund LLC), Dealer Manager Agreement (TriLinc Global Impact Fund LLC)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the AdministratorAdviser, whether or not arising in the ordinary course of business, that would reasonably be expected or on the ability of the Adviser to result in a carry out its obligations under this Agreement, the Investment Management Agreement or the Administration Agreement (collectively, an “Adviser Material Adverse Effect”).

Appears in 4 contracts

Samples: Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (Runway Growth Finance Corp.)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Final Prospectus, except as otherwise stated therein, there has been no material adverse change in the financial condition, financial or otherwise, or in the earnings, business affairs, properties or business prospects or regulatory status of the Adviser or the AdministratorManager, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a “Manager Material Adverse Effect”).

Appears in 4 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated thereintherein or contemplated thereby, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a Material Adverse Effect”).

Appears in 3 contracts

Samples: Underwriting Agreement (Merrill Lynch Depositor Inc), Underwriting Agreement (Merrill Lynch & Co Inc), Underwriting Agreement (Merrill Lynch Depositor Inc)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given or incorporated by reference in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the AdministratorAdviser, whether or not arising in the ordinary course of business, that would reasonably be expected or on the ability of the Adviser to result in a carry out its obligations under this Agreement or the Investment Management Agreement (collectively, an “Adviser Material Adverse Effect”).

Appears in 3 contracts

Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.), Underwriting Agreement (Goldman Sachs BDC, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given provided in the Registration Statement, the General Disclosure Package Statement and the ProspectusProspectus or any amendments or supplements thereto, except as otherwise stated therein, (a) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs, business prospects or regulatory status affairs of the Adviser Company or the AdministratorOperating Partnership, whether or not arising in the ordinary course of business, that would and (b) there have been no transactions entered into by the Company or the Operating Partnership which could reasonably be expected to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Dealer Manager Agreement (O'Donnell Strategic Industrial REIT, Inc.), Dealer Manager Agreement (O'Donnell Strategic Gateway REIT, Inc.), Dealer Manager Agreement (O'Donnell Strategic Gateway REIT, Inc.)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the financial condition, financial or otherwise, or in the earnings, business affairs, properties or business prospects or regulatory status of the Adviser or the AdministratorManager, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a Material Adverse Effect”).

Appears in 3 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Time of Sale Prospectus and the Prospectus, except as otherwise stated thereintherein or in documents incorporated therein by reference, there has been no material adverse change in the condition, financial or otherwise, results of operations or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in Company and its Subsidiaries (as hereinafter defined) taken as a Material Adverse Effectwhole.

Appears in 2 contracts

Samples: Underwriting Agreement (Edge Petroleum Corp), Underwriting Agreement (Edge Petroleum Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser Manager or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (NGP Capital Resources Co), Underwriting Agreement (NGP Capital Resources Co)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the financial condition, financial or otherwise, or in the earnings, business affairs, business prospects operations or regulatory status of the Adviser or the AdministratorAdministrator or any of their respective subsidiaries, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.Adverse

Appears in 2 contracts

Samples: Debt Distribution Agreement (Prospect Capital Corp), Debt Distribution Agreement (Prospect Capital Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.the

Appears in 2 contracts

Samples: Purchase Agreement (Bally Total Fitness Holding Corp), Purchase Agreement (United Insurance Companies Inc)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the ProspectusProspectuses, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.,

Appears in 2 contracts

Samples: International Purchase Agreement (Agco Corp /De), u.s. Purchase Agreement (Agco Corp /De)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the Preliminary Prospectus, the General Disclosure Package and the Prospectus, except as otherwise stated thereintherein or contemplated thereby, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse EffectChange.

Appears in 2 contracts

Samples: Selling Agent Agreement (Westpac Banking Corp), Selling Agent Agreement (Westpac Banking Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of Adviser Material Adverse Effect and (B) there have been no transactions entered into by the Adviser or which are material with respect to the Administrator, whether or not arising Adviser other than those in the ordinary course of businessits business as described in the Registration Statement, that would reasonably be expected to result in a Material Adverse Effectthe General Disclosure Package and the Prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Tekla Healthcare Opportunities Fund), Underwriting Agreement (Tekla World Healthcare Fund)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the financial condition, financial or otherwise, or in the earnings, business affairs, properties or business prospects or regulatory status of the Adviser Manager, or the AdministratorAngelo, Gordon, as applicable, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a Material Adverse Effect”).

Appears in 2 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

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No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the financial condition, financial or otherwise, or in the earnings, business affairs, business prospects operations or regulatory status of the Adviser or the AdministratorAdministrator or any of their respective subsidiaries, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect., or would otherwise reasonably be

Appears in 2 contracts

Samples: Debt Distribution Agreement (Prospect Capital Corp), Debt Distribution Agreement (Prospect Capital Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, results of operations or business affairs, business prospects or regulatory status affairs of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a Material Adverse Effect”).

Appears in 1 contract

Samples: Purchase Agreement (Northern Trust Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.course

Appears in 1 contract

Samples: Purchase Agreement (JLK Direct Distribution Inc)

No Material Adverse Change in Business. Since the respective dates as of which information is given in or incorporated by reference into the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise (a "Material Adverse Effect"), whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.(B) there have been no transactions entered into by

Appears in 1 contract

Samples: Purchase Agreement (Bedford Property Investors Inc/Md)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the ProspectusProspectuses, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.the

Appears in 1 contract

Samples: u.s. Purchase Agreement (Wellpoint Health Networks Inc /Ca/)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects prospects, management, assets or regulatory status properties of the Adviser or Company, the AdministratorOperating Partnership and their subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a Material Adverse Effect.”),

Appears in 1 contract

Samples: Purchase Agreement (Pebblebrook Hotel Trust)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.of

Appears in 1 contract

Samples: Purchase Agreement (Einstein Noah Bagel Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and the Prospectus, except as otherwise stated therein, there has been no not occurred any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status operations of the Adviser or the AdministratorCompany and its subsidiaries, whether or not arising taken as a whole, from that and except as set forth in the ordinary course of businessRegistration Statement, that would reasonably be expected to result in the General Disclosure Package and the Prospectus (a Material Adverse EffectChange”).

Appears in 1 contract

Samples: Underwriting Agreement (GXO Logistics, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Pricing Disclosure Package and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.the

Appears in 1 contract

Samples: Underwriting Agreement (Prospect Capital Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no not occurred any material adverse change change, or to the Company’s knowledge, any development involving a prospective material adverse change, in the condition, financial or otherwise, or in the earnings, business affairs, business prospects affairs or regulatory status operations of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a Material Adverse Effect”).

Appears in 1 contract

Samples: Atm Equity Offering Sales Agreement (Kansas City Southern)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in Company and its Subsidiaries considered as one enterprise (a Material Adverse Effect.”),

Appears in 1 contract

Samples: Underwriting Agreement (VectivBio Holding AG)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated thereintherein or contemplated thereby, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a "Material Adverse Effect").

Appears in 1 contract

Samples: Underwriting Agreement (Merrill Lynch Depositor Inc)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a "Material Adverse Effect."),

Appears in 1 contract

Samples: Purchase Agreement (Northwestern Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated disclosed therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects of Bridge or regulatory status of the Adviser or the Administratorits subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in business (a "Bridge Material Adverse Effect").

Appears in 1 contract

Samples: Purchase Agreement (Savvis Communications Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, business prospects or regulatory status of the Adviser or the AdministratorAdviser, whether or not arising in the ordinary course of business, or that would reasonably be expected to result in a otherwise prevent the Adviser from carrying out its obligations under the Investment Advisory Agreement (collectively, an "Advisers' Material Adverse Effect").

Appears in 1 contract

Samples: Purchase Agreement (Blackridge Investment Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the AdministratorCompany and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.the

Appears in 1 contract

Samples: Shares of Common Stock Purchase Agreement (Provant Inc)

No Material Adverse Change in Business. Since Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package and or the Prospectus, except as otherwise stated therein, there has been no material adverse change in the condition, condition (financial or otherwise, or in the earnings), business affairs, business prospects or regulatory status results of operations of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in Company and its subsidiaries taken as a Material Adverse Effectwhole.

Appears in 1 contract

Samples: Underwriting Agreement (HCA Holdings, Inc.)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated thereintherein or in documents incorporated therein by reference, there has been no material adverse change in the condition, financial or otherwise, results of operations or in the earnings, business affairs, business prospects or regulatory status of the Adviser or Company and the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in Subsidiaries (as hereinafter defined) taken as a whole (a “Material Adverse Effect”).

Appears in 1 contract

Samples: Underwriting Agreement (Callon Petroleum Co)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Pricing Disclosure Package and the Prospectus, except as otherwise stated therein, there has been no material adverse change in the financial condition, financial or otherwise, or in the earnings, business affairs, business prospects operations or regulatory status of the Adviser or the AdministratorAdministrator or any of their respective subsidiaries, whether or not arising in the ordinary course of business, that would reasonably be expected to result in a Material Adverse Effect.ordinary

Appears in 1 contract

Samples: Underwriting Agreement (Prospect Capital Corp)

No Material Adverse Change in Business. Since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package Statement and the Prospectus, except as otherwise stated therein, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs, affairs or business prospects or regulatory status of the Adviser or the Administrator, whether or not arising in the ordinary course of business, that would reasonably be expected to result in Company and its subsidiaries considered as one enterprise (a Material Adverse Effect.”),

Appears in 1 contract

Samples: Underwriting Agreement (Ambac Financial Group Inc)

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