No Material Adverse Effect in Business. Except as disclosed in the SEC Reports, and other than effects on the business related primarily to COVID-19, since March 31, 2020 through the date hereof, (a) there has been no Material Adverse Effect, nor any development or event which would result in a Material Adverse Effect, (b) there has been no dividend or distribution of any kind declared, paid or made by the Company on any class of its capital stock and (c) there has been no material adverse change in the capital stock, short-term indebtedness, long-term indebtedness, net current assets or net assets of the Company and its Subsidiaries.
No Material Adverse Effect in Business. Except as otherwise disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, subsequent to the respective dates as of which information is given therein: (i) there has been no material adverse effect, or any development that could reasonably be expected to result in a material adverse effect, in the condition (financial or otherwise) or in the earnings, business or operations, whether or not arising from transactions in the ordinary course of business, of the Company and any of its subsidiaries, considered as one entity (any such change is called a “Material Adverse Effect”); (ii) neither of the Company nor any of its subsidiaries, considered as one entity, have incurred any material liability or obligation, indirect, direct or contingent, not in the ordinary course of business nor entered into any material transaction or agreement not in the ordinary course of business; and (iii) there has been no dividend or distribution of any kind declared, paid or made by the Company or its subsidiaries, except for dividends paid to the Company from its subsidiaries on any class of capital stock or other equity interest or repurchase or redemption by the Company or any of its subsidiaries of any class of capital stock or other equity interest.
No Material Adverse Effect in Business. Subsequent to the respective dates as of which information is contained in the Registration Statement or the Prospectus, except as disclosed in the Registration Statement or the Prospectus, (i) neither the Company nor any of the Subsidiaries has incurred any liabilities, direct or contingent, including without limitation any losses or interference with its business from fire, explosion, flood, earthquakes, accident or other calamity, whether or not covered by insurance, or from any strike, labor dispute or court or governmental action, order or decree, that are material, individually or in the aggregate, to the Company and the Subsidiaries, taken as a whole, or has entered into any transactions not in the ordinary course of business that could reasonably be expected to result in a Material Adverse Effect (as defined below), (ii) there has not been any material decrease in the capital stock or any material increase in any short-term or long-term indebtedness of the Company or the Subsidiaries, or any payment of or declaration to pay any dividends or any other distribution with respect to the Company that could reasonably be expected to result in a Material Adverse Effect (as defined below), and (iii) there has not been any material adverse effect, or any development that could reasonably be expected to result in a material adverse effect, in (A) the properties, business, prospects, operations, earnings, assets, liabilities or condition (financial or otherwise) of the Company and the Subsidiaries, taken as a whole or (B) the ability of the Company or any Subsidiary to perform its obligations in all material respects under this Agreement (a “Material Adverse Effect”).
No Material Adverse Effect in Business. Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the Prospectus or the Issuer Free Writing Prospectuses, if any (including any document deemed incorporated by reference therein), there has not been (i) any Material Adverse Effect in the condition, financial or otherwise, or in the earnings, business operations or business prospects of the Company and its Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business (a “Material Adverse Effect”), (ii) any transactions entered into by the Company or any of its Subsidiaries, other than those in the ordinary course of business, which are material with respect to the Company and its Subsidiaries considered as one enterprise, and (iii) any dividend or distribution of any kind declared, paid or made by the Company on any class of its capital stock of the Company or any Subsidiary, other than in case of clause (iii) above in the ordinary course of business.
No Material Adverse Effect in Business. Since the respective dates as of which information is given in the Registration 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 results of operations, capital stock, debt, business affairs or properties of the Company and its subsidiaries taken as a whole, whether or not arising in the ordinary course of business or any development that would reasonably be expected to result in such a material adverse change (any such change or development is called a "Material Adverse Effect"), (B) there have been no transactions or agreements entered into by the Company or any of its subsidiaries, other than those in the ordinary course of business, which are material with respect to the Company and its subsidiaries considered as one enterprise, and (C) except for regular quarterly dividends on the Common Stock or Preferred Stock in amounts per share that are consistent with past practice, there has been no dividend or distribution of any kind declared, paid or made by the Company on any class of its capital stock.
No Material Adverse Effect in Business. Except as set forth on Section 3(h) of the Disclosure Schedule, and other than effects on the business related primarily to COVID-19, since March 31, 2020 through the date hereof, (i) there has been no Material Adverse Effect, nor any development or event which would result, or be reasonably likely to result, in a Material Adverse Effect, (ii) there has been no dividend or distribution of any kind declared, paid or made by the Company on any class of its capital stock, and (iii) there has been no material adverse change in the capital stock, short-term indebtedness, long-term indebtedness, net current assets, net current liabilities or net assets of the Company and its Subsidiaries.
No Material Adverse Effect in Business. There has not been any Material Adverse Effect in the assets, liabilities or obligations (absolute, contingent or otherwise) of the Corporation from the position set forth in the most recent of the Financial Statements and as set out in the Public Record and there has not been any Material Adverse Effect in the business, operations, capital, condition (financial or otherwise) or results of operations of the Corporation and the Subsidiaries (taken as a whole) since December 31, 2009, and, since that date, there have been no material facts, transactions, events or occurrences, other than as disclosed in the Public Record, that could reasonably be expected to materially adversely affect the capital, assets, liabilities (absolute, accrued, contingent or otherwise), business, operations or condition (financial or otherwise) or results of operations of the Corporation and the Subsidiaries (taken as a whole) that have not been disclosed in the Public Record.
No Material Adverse Effect in Business. Since the respective dates as of which information is given in the Registration 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 results of operations, capital stock, debt, business affairs or properties of the Company and its subsidiaries taken as a whole, whether or not arising in the ordinary course of business or any development that would reasonably be expected to result in such a material adverse change (any such change or development is called a "Material Adverse Effect"), (B) there have been no transactions or agreements entered into by the Company or any of its subsidiaries, other than those in the ordinary course of business, which are material with respect to the Company and its subsidiaries considered as one enterprise, and (C) except for regular quarterly dividends on the outstanding common stock, par value $1.00 per share, of the Company (the "Common Stock") and on the outstanding preferred stock, $100.00 par value, of the Company, in amounts per share that are consistent with past practice, there has been no dividend or distribution of any kind declared, paid or made by the Company on any class of its capital stock.
No Material Adverse Effect in Business. Except as otherwise disclosed in the Time of Sale Document and the Final Offering Circular, subsequent to the respective dates as of which information is given in the Time of Sale Document and the Final Offering Circular: (A) there has been no material adverse change, or any development that could reasonably be expected to result in a Material Adverse Effect; (B) the Company has not incurred any material debt, not in the ordinary course of business, nor entered into any material transaction or agreement not in the ordinary course of business; (C) there has been no dividend or distribution of any kind declared, paid or made by the Company on any class of capital stock; and (D) there has not been any material change in the capital stock (other than pursuant to the exercise of stock options and warrants authorized and issued on or prior to the date hereof), of the Company.
No Material Adverse Effect in Business. Except as otherwise disclosed in the Registration Statement, the Time of Sale Prospectus and the Prospectus, subsequent to the respective dates as of which information is given in the Registration Statement, the Time of Sale Prospectus and the Prospectus: (i) there has been no material adverse effect in the financial position or results of operations of the Company, nor any change or development that, singularly or in the aggregate, would involve a material adverse effect or a prospective material adverse effect, in or affecting the condition (financial or otherwise), results of operations, business, assets or prospects of the Company and its subsidiaries considered as one enterprise (a “Material Adverse Effect”); (ii) the Company and its subsidiaries, considered as one enterprise, have not incurred any material liability or obligation, indirect, direct or contingent, including without limitation any losses or interference with its business from fire, explosion, flood, earthquakes, accident or other calamity, whether or not covered by insurance, or from any strike, labor dispute or court or governmental action, order or decree, that are material, individually or in the aggregate, to the Company, or has entered into any material transactions, in each case, not in the ordinary course of business; and (iii) no officer or director of the Company has resigned from any position with the Company.
