Common use of No Material Adverse Condition Clause in Contracts

No Material Adverse Condition. No event, occurrence or circumstance shall exist that has had or would reasonably be expected to have a material adverse effect on the Company’s ability to perform its obligations under the Somatuline Autogel License or the Increlex License; provided that none of the adverse effects or events identified in clauses (a) through (f) of the definition of Material Adverse Effect shall be deemed either alone or in combination to constitute, and none of the foregoing shall be taken into account in determining whether there has been or would be, such a material adverse effect;

Appears in 2 contracts

Samples: Stock Purchase and Master Transaction Agreement (Tercica Inc), Stock Purchase and Master Transaction Agreement (Ipsen, S.A.)

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No Material Adverse Condition. No event, occurrence or circumstance shall exist that has had or would reasonably be expected to have a material adverse effect on the Company’s ability of the Purchaser and its Affiliates to perform its their obligations under the Somatuline Autogel License or the Increlex License; provided that none of the adverse effects or events identified in clauses (a) through (f) of the definition of Material Adverse Effect shall be deemed either alone or in combination to constitute, and none of the foregoing shall be taken into account in determining whether there has been or would be, such a material adverse effect;

Appears in 2 contracts

Samples: Stock Purchase and Master Transaction Agreement (Ipsen, S.A.), Stock Purchase and Master Transaction Agreement (Tercica Inc)

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