Common use of Cyber Security; Data Protection Clause in Contracts

Cyber Security; Data Protection. Each EVO Party and their respective subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) are reasonably believed by the Company to be adequate for, and operate and perform in all material respects as required in connection with the operation of the business of each EVO Party and its subsidiaries as currently conducted and, to the Company’s knowledge, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. Each EVO Party and their respective subsidiaries have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) used in connection with their businesses, and there have been no known material breaches, violations, outages or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any known material incidents under internal review or investigations relating to the same. Each EVO Party and their respective subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, in each case, except for such failures as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Underwriting Agreement (EVO Payments, Inc.), Letter Agreement (EVO Payments, Inc.), Underwriting Agreement (EVO Payments, Inc.)

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Cyber Security; Data Protection. Each EVO Party and their respective subsidiariesExcept as would not reasonably be expected to have a Material Adverse Effect, (A) there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Company’s or its Subsidiaries’ information technology assets and equipment, computers, computer systems, networks, hardware, software, websitesdata and databases (including the data and information of their respective customers, applicationsemployees, suppliers, vendors and any third party data maintained, processed or stored by the Company and its Subsidiaries, and databases any such data processed or stored by third parties on behalf of the Company and its Subsidiaries), equipment or technology (collectively, “IT SystemsSystems and Data); (B) are reasonably believed by neither the Company to be adequate fornor its Subsidiaries have been notified of, and operate each of them have no knowledge of any event or condition that could result in, any security breach or incident, unauthorized access or disclosure or other compromise to the IT Systems and perform Data used in all material respects as required in connection with their businesses and (C) the operation of the business of each EVO Party Company and its subsidiaries as currently conducted and, to the Company’s knowledge, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. Each EVO Party and their respective subsidiaries Subsidiaries have implemented and maintained commercially reasonable appropriate controls, policies, procedures, and technological safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all their IT Systems and data (including all personalData reasonably consistent with industry standards and practices, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) used in connection with their businesses, as required by applicable regulatory standards. The Company and there have been no known material breaches, violations, outages or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any known material incidents under internal review or investigations relating to the same. Each EVO Party and their respective subsidiaries its Subsidiaries are presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, in each case, except for such failures as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (GE HealthCare Technologies Inc.), Underwriting Agreement (GE HealthCare Technologies Inc.), Underwriting Agreement (GE HealthCare Technologies Inc.)

Cyber Security; Data Protection. Each EVO Party (A) Except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, the Company and their respective its subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) are reasonably believed by the Company to be adequate for, and operate and perform in all material respects as required in connection with the operation of the business of each EVO Party the Company and its the subsidiaries as currently conducted conducted, and, to the knowledge of the Company’s knowledge, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. Each EVO Party ; (B) the Company and their respective its subsidiaries have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) used in connection with their businesses, and and, to the knowledge of the Company, there have been no known material breaches, violations, outages or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any known material incidents under internal review or investigations relating to the same. Each EVO Party ; and their respective (C) except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, the Company and its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, in each case, except for such failures as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (MGM Resorts International), Underwriting Agreement (MGM Resorts International)

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Cyber Security; Data Protection. Each EVO Party and To the knowledge of the Issuer, (A) there has been no material security breach or incident, unauthorized access or disclosure, or other material compromise of or relating to the Parent, Mission, Tribune or their respective subsidiaries’ subsidiaries information technology assets and equipment, computers, computer systems, networks, hardware, software, websitesdata and databases (including the data and information of their respective customers, applicationsemployees, suppliers, vendors and any third party data maintained, processed or stored by Parent, Mission, Tribune or their subsidiaries, and databases any such data processed or stored by third parties on behalf of Parent, Mission, Tribune and their subsidiaries), equipment or technology (collectively, “IT SystemsSystems and Data): (B) are reasonably believed by the Company to be adequate fornone of Parent, Mission, Tribune or their subsidiaries have been notified of, and operate each of them have no knowledge of any event or condition that could result in, any material security breach or incident, unauthorized access or disclosure or other material compromise to their IT Systems and perform in all material respects as required in connection with the operation of the business of each EVO Party Data and its subsidiaries as currently conducted and(C) Parent, to the Company’s knowledgeMission, are free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. Each EVO Party Tribune and their respective subsidiaries have implemented and maintained commercially reasonable appropriate controls, policies, procedures, and technological safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all their IT Systems and data (including all personalData reasonably consistent with industry standards and practices, personally identifiableor as required by applicable regulatory standards. To the knowledge of the Issuer, sensitiveParent, confidential or regulated data (“Personal Data”)) used in connection with their businessesMission, and there have been no known material breaches, violations, outages or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any known material incidents under internal review or investigations relating to the same. Each EVO Party Tribune and their respective subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, in each case, except for such failures as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse EffectChange.

Appears in 1 contract

Samples: Purchase Agreement (Nexstar Media Group, Inc.)

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