Common use of Certain Material Changes Clause in Contracts

Certain Material Changes. Except as specifically required, permitted ------------------------ or effected by this Agreement or as disclosed in a list furnished by CAPCO to GBB (the "Material Changes List"), since December 31, 1999 there has not been, occurred or arisen any of the following (whether or not in the ordinary course of business) with respect to CAPCO: (a) Any change in any of the assets, liabilities, permits, methods of accounting or accounting practices, business or manner of conducting business, of CAPCO or any other event or development that has had or could reasonably be expected to have a Material Adverse Effect; (b) Any damage, destruction or other casualty loss (whether or not covered by insurance) that has had or may reasonably be expected to have a Material Adverse Effect or that may involve a loss of more than $50,000 in excess of applicable insurance coverage; (c) Any amendment, modification or termination of any existing, or entry into any new contract or permit otherwise than in the ordinary course of business; (d) Any disposition by CAPCO of any asset otherwise than in the ordinary course of business; or (e) Any direct or indirect redemption, purchase or other acquisition by CAPCO of any equity securities or any declaration, setting aside or payment of any dividend (except, in the case of the declaration, setting aside or payment of a cash dividend or distribution, as disclosed in the Financial Statements of CAPCO) or other distribution on or in respect of CAPCO Stock whether consisting of money, other personal property, real property or other things of value.

Certain Material Changes. Except as specifically required, ------------------------ permitted ------------------------ or effected by this Agreement or as disclosed in a list furnished by CAPCO Matsco to GBB (the "Material Changes List"), since December 31, 1999 there has not been, occurred or arisen any of the following (whether or not in the ordinary course of businessbusiness unless otherwise indicated) with respect to CAPCOMatsco or any Matsco Subsidiary: (a) Any change in any of the assets, liabilities, permits, methods of accounting or accounting practices, business or manner of conducting business, of CAPCO Matsco or any Matsco Subsidiary or any other event or development that has had or could reasonably be expected to have a Material Adverse Effect; (b) Any damage, destruction or other casualty loss (whether or not covered by insurance) that has had or may reasonably be expected to have a Material Adverse Effect or that may involve a loss of more than $50,000 in excess of applicable insurance coverage; (c) Any amendment, modification or termination of any existing, or entry into any new contract or permit otherwise than in the ordinary course of business; (d) Any disposition by CAPCO Matsco or by any Matsco Subsidiary of any asset otherwise than in the ordinary course of business; or (e) Any direct or indirect redemption, purchase or other acquisition by CAPCO Matsco or any Matsco Subsidiary of any equity securities or any declaration, setting aside or payment of any dividend (except, in the case of the declaration, setting aside or payment of a cash dividend or distributiondividend, as disclosed in the Financial Statements of CAPCOMatsco) or other distribution on or in respect of CAPCO Matsco Stock whether consisting of money, other personal property, real property or other things of value.

Certain Material Changes. Except as specifically required, ------------------------ permitted ------------------------ or effected by this Agreement or as disclosed in a list furnished by CAPCO to GBB (the "Material Changes List")Agreement, since December 31, 1999 1997, there has not been, occurred or arisen any of the following (whether or not in the ordinary course of business) with respect to CAPCO:business unless otherwise indicated): (a) Any change in any of the assets, liabilities, permits, methods of accounting or accounting practices, business or manner of conducting business, of CAPCO PRB or Golden or any other event or development that has had or could may reasonably be expected to have a Material Adverse Effect; (b) Any damage, destruction or other casualty loss (whether or not covered by insurance) that has had or may reasonably be expected to have a Material Adverse Effect or that may involve a loss of more than $50,000 25,000 in excess of applicable insurance coverage; (c) Any amendment, modification or termination of any existing, or entry into any new new, material contract or permit otherwise than in the ordinary course of businessthat has had or may reasonably be expected to have a Material Adverse Effect; (d) Any disposition by CAPCO PRB or Golden of any an asset otherwise than in the ordinary course lack of businesswhich has had or may reasonably be expected to have a Material Adverse Effect; or (e) Any direct or indirect redemption, purchase or other acquisition by CAPCO PRB or Golden of any equity securities or any declaration, setting aside or payment of any dividend (except, in the case of the declaration, setting aside or payment of a cash dividend or distributiondividend, as disclosed in the Financial Statements of CAPCOPRB) or other distribution on or in respect of CAPCO PRB Stock whether consisting of money, other personal property, real property or other things of value.