Common use of No Material Undisclosed Liabilities Clause in Contracts

No Material Undisclosed Liabilities. Through the date of this Agreement, there are no liabilities of the Issuer or any Subsidiary of the Issuer of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise, and there is no existing condition, situation or set of circumstances which could reasonably be expected, individually or in the aggregate, to result in such a liability, other than: (i) liabilities provided for in the Balance Sheet or disclosed in the notes thereto or in the Form 10-K of the Issuer for the year ended December 31, 1999 (the "10-K"), or in the Forms 10-Q of the Issuer for the quarters ended March 31, 2000, June 30, 2000 and September 30, 2000 (the "10-Qs"); (ii) liabilities incurred since the Balance Sheet Date in the ordinary course of business consistent with past practices; (iii) liabilities under the Agreements or incurred in connection with the transactions contemplated by the Agreements; and (iv) other undisclosed liabilities which, individually or in the aggregate, are not material to the Issuer and its Subsidiaries, taken as a whole.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Marchfirst Inc), Stock Purchase Agreement (Francisco Partners Lp)

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No Material Undisclosed Liabilities. Through the date of this Agreement, there There are no liabilities of the Issuer or any Subsidiary of the Issuer of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise, and there is no existing condition, situation or set of circumstances which could reasonably be expected, individually or in the aggregate, to result in such a liability, other than: (i) liabilities provided for in the Balance Sheet or disclosed in the notes thereto or in the Form 10-K of the Issuer for the year ended December 31, 1999 2000 (the "10-K"), or in the Forms 10-Q of the Issuer for the quarters ended March 31, 20002001, June 30, 2000 2001 and September 30, 2000 2001 (the "10-Qs"); (ii) liabilities incurred since the Balance Sheet Date in the ordinary course of business consistent with past practices; (iii) liabilities under this Agreement, the Agreements Shareholders Agreement and Series B Transaction Documents or incurred in connection with the transactions contemplated by this Agreement, the AgreementsShareholders Agreement and Series B Transaction Documents; (iv) obligations to perform other agreements entered into in the ordinary course of business; and (ivv) other undisclosed liabilities which, individually or in the aggregate, are not material to the Issuer and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Securities Purchase Agreement (Compucredit Corp)

No Material Undisclosed Liabilities. Through the date of this Agreement, there There are no liabilities of the Issuer or any Subsidiary of the Issuer of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise, and there is no existing condition, situation or set of circumstances which could reasonably be expected, individually or in the aggregate, to result in such a liability, other than: (i) liabilities provided for in the Balance Sheet or disclosed in the notes thereto or in the Form 10-K of the Issuer for the year ended December 31, 1999 1998 (the "10-K"), or in the Forms 10-Q of the Issuer for the quarters ended March 31, 20001999, June 30, 2000 1999 and September 30, 2000 1999 (the "10-Qs"); (ii) liabilities incurred since the Balance Sheet Date in the ordinary course of business consistent with past practices; (iii) liabilities under this Agreement and the Shareholders Agreements or incurred in connection with the transactions contemplated by this Agreement and the Shareholders Agreements; and (iv) other undisclosed liabilities which, individually or in the aggregate, are not material to the Issuer and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Securities Purchase Agreement (Winstar Communications Inc)

No Material Undisclosed Liabilities. Through the date of this Agreement, there There are no liabilities of the Issuer or any Subsidiary of the Issuer of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise, and there is no existing condition, situation or set of circumstances which could reasonably be expected, individually or in the aggregate, to result in such a liability, other than: (i) liabilities provided for in the Balance Sheet or disclosed in the notes thereto or in the Form 10-K of the Issuer for the year ended December 31, 1999 (the "10-K"), or in the Forms 10-Q of the Issuer for the quarters ended March 31, 2000, June 30, 2000 and September June 30, 2000 (the "10-Qs"); (ii) liabilities incurred since the Balance Sheet Date in the ordinary course of business consistent with past practices; (iii) liabilities under this Agreement and the Shareholders Agreements or incurred in connection with the transactions contemplated by this Agreement and the Shareholders Agreements; and (iv) other undisclosed liabilities which, individually or in the aggregate, are not material to the Issuer and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Securities Purchase Agreement (Winstar Communications Inc)

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No Material Undisclosed Liabilities. Through the date of this Agreement, there There are no liabilities of the Issuer or any Subsidiary of the Issuer of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise, and there is no existing condition, situation or set of circumstances which could reasonably be expected, individually or in the aggregate, to result in such a liability, other than: (i) liabilities provided for in the Balance Sheet or disclosed in the notes thereto or in the Form 10-K of the Issuer for the year ended December March 31, 1999 1999, as amended on Form 10-K/A (as so amended, the "10-K"), or in the Forms 10-Q of the Issuer for the quarters ended March 31, 2000, June 30, 2000 1999 and September 30, 2000 1999 (the "10-Qs"); (ii) liabilities incurred since the Balance Sheet Date in the ordinary course of business consistent with past practices; (iii) liabilities under this Agreement and the Agreements Registration Rights Agreement or incurred in connection with the transactions contemplated by this Agreement and the AgreementsRegistration Rights Agreement; and (iv) other undisclosed liabilities which, individually or in the aggregate, are not material to the Issuer and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Securities Purchase Agreement (Carver Bancorp Inc)

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