Common use of December 1998 Clause in Contracts

December 1998. (i) there has not been any material adverse change of any kind whatsoever in the financial position or condition of Targetco or any damage, loss or other change of any kind whatsoever in circumstances materially affecting the business or Assets or the right or capacity of Targetco to carry on its business; (ii) Targetco has not waived or surrendered any right of any kind whatsoever of material value; (iii) Targetco has not discharged, satisfied or paid any lien, charge or encumbrance of any kind whatsoever or obligation or liability of any kind whatsoever other than current liabilities in the ordinary course of its business or as expressly permitted under this Agreement; (iv) the business of Targetco has been carried on in the ordinary course; (v) no new machinery or equipment of any kind whatsoever has been ordered by, or installed or assembled on the premises of, Targetco, except that Targetco has agreed to lease from IBM a new server valued at approximately $2,500 on IBM's usual equipment lease terms; and (vi) no capital expenditures exceeding in the aggregate $10,000 have been authorized or made by Targetco;

December 1998. (i) there has not been any material adverse change of any kind whatsoever in the financial position or condition of Targetco or any damage, loss or other change of any kind whatsoever in circumstances materially affecting the business or Assets or the right or capacity of Targetco to carry on its business; (ii) Targetco has not waived or surrendered any right of any kind whatsoever of material value; (iii) Targetco has not discharged, satisfied or paid any lien, charge or encumbrance of any kind whatsoever or obligation or liability of any kind whatsoever other than current liabilities in the ordinary course of its business or as expressly permitted under this Agreement, ; (iv) the business of Targetco has been carried on in the ordinary course; (v) except as set forth in Schedule "G", no new machinery or equipment of any kind whatsoever has been ordered by, or installed or assembled on the premises of, Targetco, except that Targetco has agreed to lease from IBM a new server valued at approximately $2,500 on IBM's usual equipment lease terms; and (vi) except as set forth in Schedule "G", no capital expenditures exceeding in the aggregate $10,000 have been authorized or made by Targetco;