Common use of Events Subsequent to the Date of the Financial Statements Clause in Contracts

Events Subsequent to the Date of the Financial Statements. Except as set forth on the Disclosure Schedule, or in the Annual or Interim New Tilt Financial Statements, since the Balance Sheet Date, New Tilt has not, in excess of $10,000 (i) issued any equity interest, (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Financial Statements and incurred in the ordinary course of business, (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, or distribution to any shareholder or purchased or redeemed any Shares or other equity interests, except for the exercise of stock options or similar rights, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax laws, (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse Effect, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service mark, copyright, trade secret or other intangible asset, except pursuxxx to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation, (x) made any material change in the manner of business or operations of New Tilt, (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except as set forth on the Bridgeline Disclosure Schedule, or in the Annual or Interim New Tilt Bridgeline Financial Statements, since the Balance Sheet DateJuly 31, New Tilt 2006, Bridgeline has not, in excess of $10,000 not (i) issued any equity intereststock, bond or other corporate security; (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, ; (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Bridgeline Financial Statements and incurred in the ordinary course of business, business or such liabilities which would not have a Material Adverse Effect on Bridgline; (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, or distribution distributions to any shareholder stockholders or purchased or redeemed any Shares shares of its capital stock or other equity interestssecurities, except for the exercise of stock options or similar rightsoptions, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax laws, law; (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse Effect, payable; (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, ; (vii) sold, assigned, transferred or granted any license licenses with respect to any patent, trademark, trade name, service mark, copyright, trade secret or other intangible asset, except pursuxxx to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, ; (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, ; (ix) made any change in officer compensation, ; (x) made any material change in the manner of business or operations of New Tilt, Bridgeline; (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, ; or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except --------------------------------------------------------- as contemplated herein, in the Related Agreements, or as set forth on the Disclosure Schedule, or in the Annual or Interim New Tilt Financial StatementsSchedule -------- 2.7 attached hereto, since March 31, 1997, the Balance Sheet Date, New Tilt Company has not, in excess of $10,000 not (i) issued any equity interest--- stock, bond or other corporate security, (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Financial Statements and current liabilities incurred since March 31, 1997 in the ordinary course of business, (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, payment or distribution to any shareholder stockholders or purchased or redeemed any Shares shares of its capital stock or other equity interests, except for the exercise of stock options or similar rights, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax lawssecurities, (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse Effectpayable, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service markxxxx, copyright, trade secret or other intangible asset, except pursuxxx pursuant to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation, (x) made any material change in the manner of business or operations of New Tiltthe Company, (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, hereby or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except as set forth on the Bridgeline Disclosure Schedule, or in the Annual or Interim New Tilt Bridgeline Financial Statements, since the Balance Sheet DateDecember 31, New Tilt 2005, Bridgeline has not, in excess of $10,000 not (i) issued any equity intereststock, bond or other corporate security; (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, ; (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Bridgeline Financial Statements and incurred in the ordinary course of business, business or such liabilities which would not have a Material Adverse Effect; (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, or distribution to any shareholder stockholders or purchased or redeemed any Shares shares of its capital stock or other equity interestssecurities, except for the exercise of stock options or similar rightssimilar, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax laws, law; (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse Effect, payable; (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, ; (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service mark, copyright, trade secret or other intangible asset, except pursuxxx to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, ; (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, ; (ix) made any change in officer compensation, ; (x) made any material change in the manner of business or operations of New Tilt, Bridgeline; (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, ; or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except as set forth on the Bridgeline Disclosure Schedule, or in the Annual or Interim New Tilt Bridgeline Financial Statements, since the Balance Sheet DateOctober 31, New Tilt 2004, Bridgeline has not, in excess of $10,000 not (i) issued any equity intereststock, bond or other corporate security; (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, ; (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Bridgeline Financial Statements and incurred in the ordinary course of business, business or such liabilities which would not have a Material Adverse Effect; (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, or distribution to any shareholder stockholders or purchased or redeemed any Shares shares of its capital stock or other equity interestssecurities, except for the exercise of stock options or similar rightssimilar, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax laws, law; (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse Effect, payable; (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, ; (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service mark, copyright, trade secret or other intangible asset, except pursuxxx to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, ; (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, ; (ix) made any change in officer compensation, ; (x) made any material change in the manner of business or operations of New Tilt, Bridgeline; (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, ; or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except as set forth on the Disclosure Schedule, or in the Annual or Interim New Tilt Seller Financial Statements, since the Balance Sheet Date, New Tilt Seller has not, in excess of $10,000 5,000 (i) issued any equity interestinterest except (a) the initial issuance of the stock of Seller to the Shareholders, and (b) the conversion of Xxxxxx X. Xxxxxxx’x outstanding debt to stock, (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Seller Financial Statements and incurred in the ordinary course of business, except payment of the Bank Indebtedness, as described in Sections 1.2, (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, or distribution to any shareholder shareholders or purchased or redeemed any Shares or other equity interests, except for the exercise of stock options or similar rights, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax laws, (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse EffectEffect on Seller, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service markxxxx, copyright, trade secret or other intangible asset, except pursuxxx pursuant to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation, (x) made any material change in the manner of business or operations of New TiltSeller, (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except as set forth on the Disclosure Schedule, or in the Annual or Interim New Tilt Seller Financial Statements, since the Balance Sheet Date, New Tilt Seller has not, in excess of $10,000 5,000 (i) issued any equity interest, (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Seller Financial Statements and incurred in the ordinary course of business, (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, or distribution to any shareholder shareholders or purchased or redeemed any Shares or other equity interests, except for the exercise of stock options or similar rights, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax laws, (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse EffectEffect on Seller, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service mark, copyright, trade secret or other intangible asset, except pursuxxx to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation, (x) made any material change in the manner of business or operations of New TiltSeller, (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except as set forth on the Disclosure Schedule, or in the Annual or Interim New Tilt Iapps Financial Statements, since the Balance Sheet Date, New Tilt Iapps has not, in the excess of $10,000 (i) issued any equity interest, (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Iapps Financial Statements and incurred in the ordinary course of business, (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, or distribution to any shareholder or purchased or redeemed any Shares or other equity interests, except for the exercise of stock options or similar rights, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax laws, (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse Effect, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service mark, copyright, trade secret or other intangible asset, except pursuxxx to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation, (x) made any material change in the manner of business or operations of New TiltIapps, (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except as contemplated by this Agreement and as set forth on the Disclosure Schedule, or in the Annual or Interim New Tilt Financial StatementsSchedule 3.7, since October 31, 1996, the Balance Sheet Date, New Tilt Company has not, in excess of $10,000 not (i) issued any equity intereststock, bond or other corporate security, (ii) borrowed any material amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, (iii) discharged or satisfied any material lien or encumbrance or incurred or paid any material obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt 1996 Financial Statements and current liabilities incurred since October 31, 1996, in the ordinary course of business, (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, payment or distribution to any shareholder shareholders in their capacities as such or purchased or redeemed any Shares shares of its capital stock or other equity interests, except for the exercise of stock options or similar rights, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax lawssecurities, (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due capital leases and payable or such liabilities or obligations which would not have a Material Adverse EffectPermitted Liens, (vi) sold, assigned or transferred any of its material tangible assets except in the ordinary course of business, or canceled cancelled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service mark, copyrightxxpyright, trade secret or other intangible asset, except pursuxxx pursuant to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, (ix) except as set forth on Schedule 3.7(a) and other than changes in connection with a Partnering Agreement, dated June 29, 1996, between PowerCerv Corporation and SBT Accounting Systems, Inc. made any material change in officer compensation, (x) except as set forth on Schedule 3.7(b) and other than changes in connection with a Partnering Agreement, dated June 29, 1996, between PowerCerv Corporation and SBT Accounting Systems, Inc. made any material change in the manner of business or operations of New Tiltthe Company, (xi) entered into any material transaction except in the ordinary course of business or as otherwise contemplated hereby, hereby or (xii) entered into any material commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent to the Date of the Financial Statements. Except as set forth on the Disclosure Schedule, or in the Annual or Interim New Tilt Seller Financial Statements, since the Balance Sheet Date, New Tilt Seller has not, in excess of $10,000 5,000 (i) issued any equity interest, (ii) borrowed any amount or incurred or become subject to any material liability (absolute, accrued or contingent), except liabilities under contracts entered into in the ordinary course of business, (iii) discharged or satisfied any lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Interim or Annual New Tilt Seller Financial Statements and incurred in the ordinary course of business, (iv) declared or made any payment, other than ordinary payments of compensation in amounts consistent with the historic levels, or distribution to any shareholder shareholders or purchased or redeemed any Shares or other equity interests, except for the exercise of stock options or similar rights, and distributions in the ordinary course of business of a subchapter S-corporation and required under applicable tax laws, (v) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable or such liabilities or obligations which would not have a Material Adverse EffectEffect on Seller, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or canceled any material debt or claim, except in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (vii) sold, assigned, transferred or granted any license with respect to any patent, trademark, trade name, service markxxxx, copyright, trade secret or other intangible asset, except pursuxxx pursuant to license or other agreements entered into in the ordinary course of business, in an individual amount in excess of $2,500, or $7,500 in the aggregate, (viii) suffered any material loss of property or knowingly waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation, (x) made any material change in the manner of business or operations of New TiltSeller, (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby, or (xii) entered into any commitment (contingent or otherwise) to do any of the foregoing.