Common use of No Undisclosed Liabilities, etc Clause in Contracts

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-Q, (ii) liabilities incurred since December 31, 2016 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Investment Agreement (Cornerstone OnDemand Inc), Investment Agreement (Cornerstone OnDemand Inc), Investment Agreement (Cornerstone OnDemand Inc)

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No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31January 1, 2016 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Investment Agreement (Nu Skin Enterprises Inc), Investment Agreement (Nu Skin Enterprises Inc)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-Q, (ii) liabilities incurred since December 31January 1, 2016 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement (Symantec Corp)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries Company Subsidiary that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31September 30, 2016 2022 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Investment Agreement (Owlet, Inc.), Investment Agreement (Owlet, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries Company Subsidiary that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31, 2016 2022 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nikola Corp), Exchange and Investment Agreement (Nikola Corp)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31June 30, 2016 2022 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have constitute a Material Adverse Effect.

Appears in 2 contracts

Samples: Investment Agreement (Bright Health Group Inc.), Investment Agreement (GoHealth, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there There are no liabilities of the Company or any of its Subsidiaries Group that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31June 30, 2016 2023 in the ordinary course of business business, (iii) liabilities incurred in connection with the Transactions and (iiiiv) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Investment Agreement (Inspirato Inc), Investment Agreement (Inspirato Inc)

No Undisclosed Liabilities, etc. As of the date hereof, there There are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31, 2016 2020 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Investment Agreement (Invitae Corp), Investment Agreement (Pacific Biosciences of California, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries Company Subsidiary that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31September 30, 2016 2023 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Owlet, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries Company Subsidiary that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31January 1, 2016 2022 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (View, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31, 2016 2019 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Twitter, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries Company Subsidiary that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31, 2016 2021 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Nikola Corp)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December January 31, 2016 2021 in the ordinary course of 18 business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Zuora Inc)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31September 30, 2016 2015 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Solarcity Corp)

No Undisclosed Liabilities, etc. As of the date hereof, there There are no material liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheetsheet or in the notes thereto, except (i) liabilities reflected or reserved against in the financial statements (including the notes thereto) contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December March 31, 2016 2015 in the ordinary course of business business, and (iii) liabilities that would not, individually or in the aggregate, not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (XPO Logistics, Inc.)

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No Undisclosed Liabilities, etc. As of the date hereof, there There are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December March 31, 2016 2021 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pacific Biosciences of California, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-Q, (ii) liabilities incurred since December 31July 4, 2016 2015 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Motorola Solutions, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31September 30, 2016 2021 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have constitute a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Bright Health Group Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries Company Subsidiary that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December October 31, 2016 2021 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (ChargePoint Holdings, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31April 30, 2016 2021 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Splunk Inc)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31, 2016 2017 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have constitute a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Amc Entertainment Holdings, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements or disclosed in the notes thereto contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December January 31, 2016 2021 in the ordinary course of 20 business and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Zuora Inc)

No Undisclosed Liabilities, etc. As of the date hereof, there There are no material liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements (including the notes thereto) contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31June 30, 2016 2014 in the ordinary course of business and (iii) liabilities that would not, individually or in the aggregate, not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (XPO Logistics, Inc.)

No Undisclosed Liabilities, etc. As of the date hereof, there are no liabilities of the Company or any of its Subsidiaries that would be required by GAAP to be reflected on the face of the balance sheet, except (i) liabilities reflected or reserved against in the financial statements contained in the Company Reports or in the Draft 10-QReports, (ii) liabilities incurred since December 31April 30, 2016 2020 in the ordinary course of business business, and (iii) liabilities that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Nutanix, Inc.)

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