Common use of Events Subsequent Clause in Contracts

Events Subsequent. to the Date of the Balance Sheet. Since the date of the Balance Sheet, the Company has not (i) issued any stock, bond or other corporate security, (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued or contingent), except current liabilities incurred and 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 Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, (iv) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock or other security, (v) mortgaged, pledged, encumbered or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or cancelled any debt or claim, (vii) sold, assigned, transferred or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret or other intangible asset, (viii) suffered any loss of property or waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (x) made any material change in the manner of business or operations of the Company, (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 Balance Sheet. Since Except as set forth in the attached Schedule 3.7 or as contemplated by this Agreement, since the date of the Balance Sheet, neither the Company nor any Subsidiary has not (ia) issued any stock, bond or other corporate security, (iib) borrowed any amount or incurred or become became subject to any liability (absolute, accrued or contingent), except current liabilities incurred and liabilities under contracts entered into in the ordinary course of business, (iiic) discharged or satisfied any lien Lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, (ivd) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock Capital Stock or other security, (ve) mortgaged, pledged, encumbered pledged or subjected to lien Lien any of its assets, tangible or intangibleAssets, other than liens of current real property taxes not yet due and payable, (vif) sold, assigned or transferred any of its tangible assets Assets except in the ordinary course of business, or cancelled canceled any debt Debt or claim, (viig) sold, assigned, transferred or granted any exclusive license with respect to any material patent, trademark, trade name, service xxxxmark, copyrightxxpyright, trade secret or other intangible assetAsset other than in the ordinary course of business, (viiih) suffered any material loss of property or waived any right of substantial value whether or not in the ordinary course of businessvalue, (ixi) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (xj) made any material change in the manner of business or operations of the CompanyCompany or any Subsidiary, (xik) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby or (xiil) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent. to the Date of the Balance SheetLast Financial --------------------------------------------------- Statement. Since the date of the Balance Sheetlast Audited Financial Statements, except as --------- set forth in Item 4.10 of the Disclosure Schedules, contemplated by this Agreement or set forth in the Interim Financial Statements, the Company has not (i) issued any stock, bond or other corporate security, (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued or contingent), except current liabilities incurred and liabilities under contracts entered into in the ordinary course of business, (iii) discharged or satisfied any lien Lien or encumbrance or incurred or paid any obligation or liability (absolute, accrued or contingent) other than current liabilities shown on the Balance Sheet Interim Financial Statements and current liabilities incurred since the date of the Balance Sheet last applicable Interim Financial Statement in the ordinary course of business, (iv) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock or other securitystock, (v) mortgaged, pledged, encumbered pledged or subjected to lien any Lien or encumbrance any of its assets, tangible or intangible, other than liens Liens of current real property taxes not yet due and payable, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or cancelled any debt or claimclaim owed to it except in the ordinary course of business, (vii) sold, assigned, transferred or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret or other intangible asset, (viii) suffered any substantial loss of property or waived any right of substantial value whether or not other than in the ordinary course of business, (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (x) made any material change in the manner of its business or operations of the Companyoperations, (xi) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby or (xii) entered into any commitment (commitment, obligation, understanding or other arrangement, contingent or otherwise) , to do effect, directly or indirectly, any of the foregoingforegoing except, in each case, as would not reasonably be expected to have a Material Adverse Effect.

Events Subsequent. to the Date of the Balance Sheet. Since -------------------------------------------------- the date of the Balance Sheet, the Company has not (i) issued any stock, bond or other corporate security, (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued or contingent), except current liabilities incurred and 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 Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, (iv) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock or other security, (v) mortgaged, pledged, encumbered or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or cancelled canceled any debt or claim, (vii) sold, assigned, transferred or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret or other intangible asset, (viii) suffered any loss of property or waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (x) made any material change in the manner of business or operations of the Company, (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 Balance SheetLast Financial Statement. Since the date of the last audited Financial Statements, except as contemplated by this Agreement, in connection with the transactions regarding the Kermxx Xxxnnel in accordance with the documents delivered pursuant to Section 3.12, or as set forth in the Balance SheetSheet or on Item 5.9 of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has not (i) issued any stock, bond or other corporate security, (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued or contingent), except current liabilities incurred and 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 Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, (iv) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock or other securitystock, (v) mortgaged, pledged, encumbered pledged or subjected to lien any Lien any of its assets, tangible or intangible, other than liens Liens of current real property taxes not yet due and payable, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or cancelled any debt or claimclaim owed to the Company or any of its Subsidiaries except in the ordinary course of business, (vii) sold, assigned, transferred or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret or other intangible assetIntellectual Property, (viii) suffered any substantial loss of property or waived any right of substantial value whether or not other than in the ordinary course of business, (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (x) made any material change in the manner of business or operations of the Company, Company or any of its Subsidiaries or (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 foregoinghereby.

Events Subsequent. to the Date of the Balance Sheet. Since -------------------------------------------------- the date of the Balance Sheet, the Company has not (i) issued any stock, bond or other corporate security, except pursuant to the exercise of stock options outstanding as of the date of the Balance Sheet (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued or contingent), except current liabilities incurred and 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 Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, (iv) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock or other security, (v) mortgaged, pledged, encumbered or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or cancelled canceled any debt or claim, (vii) sold, assigned, transferred or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret or other intangible asset, (viii) suffered any loss of property or waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (x) made any material change in the manner of business or operations of the Company, (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 Balance Sheet. Since Except as set forth in Schedule 2.10, since the date of the Balance Sheet, Sheet neither the Company nor any Subsidiary has not (i) issued any stock, bond bond, or other corporate security, ; (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued accrued, or contingent), except current liabilities incurred and 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 accrued, or contingent) other than current liabilities shown on the Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, ; (iv) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock or other security, ; (v) mortgaged, pledged, encumbered encumbered, or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable, ; (vi) sold, assigned assigned, or transferred any of its tangible assets except in the ordinary course of business, or cancelled canceled any debt or claim, ; (vii) sold, assigned, transferred transferred, or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret secret, or other intangible asset, ; (viii) suffered any loss of property or waived any right of substantial value whether or not in the ordinary course of business, ; (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, business; (x) made received notice that there has been a loss of, or material order cancellation by, any material change in the manner of business or operations major customer of the Company, ; (xi) terminated, or received notice of the resignation of, any key employee of the Company; (xii) entered into any transaction except in the ordinary course of business or as otherwise contemplated hereby hereby; (xiii) made any material change in the manner of its business or operations; or (xiixiv) entered into any commitment (contingent or otherwise) to do any of the foregoing.

Events Subsequent. to the Date of the Balance Sheet. Since the date of the Balance Sheet, the Company has not (i) issued any stock, bond or other corporate security, (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued or contingent), except current liabilities incurred and 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 Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, (iv) declared or made any payment or distribution to stockholders shareholders or purchased or redeemed any share of its capital stock or other security, (v) mortgaged, pledged, encumbered 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, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or cancelled canceled any debt debts or claim, (vii) sold, assigned, transferred or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret or other intangible asset, (viii) suffered any loss of property or waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (x) made any material change in the manner of business or operations of the Company, (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 Balance Sheet. Since the date of the Balance Sheet, the Company has not (i) issued any stock, bond or other corporate security, (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued or contingent), except current liabilities incurred and 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 liabilitiesshown on the Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, (iv) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock or other security, (v) mortgaged, pledged, encumbered or subjected to lien any of its assets, tangible or intangible, other than liens of current real property taxes not yet due and payable, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or cancelled any debt or claim, (vii) sold, assigned, transferred or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret or other intangible asset, (viii) suffered any loss of property or waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (x) made any material change in the manner of business or operations of the Company, (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 Balance Sheet. Since the date of the Balance Sheet, the Company has not (i) issued any stock, bond or other corporate security, (ii) borrowed any amount or incurred or become subject to any liability (absolute, accrued or contingent), except current liabilities incurred and 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 Balance Sheet and current liabilities incurred since the date of the Balance Sheet in the ordinary course of business, (iv) declared or made any payment or distribution to stockholders or purchased or redeemed any share of its capital stock or other security, (v) mortgaged, pledged, encumbered 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, (vi) sold, assigned or transferred any of its tangible assets except in the ordinary course of business, or cancelled any debt or claim, (vii) sold, assigned, transferred or granted any exclusive license with respect to any patent, trademark, trade name, service xxxx, copyright, trade secret or other intangible asset, (viii) suffered any loss of property or waived any right of substantial value whether or not in the ordinary course of business, (ix) made any change in officer compensation except in the ordinary course of business and consistent with past practice, (x) made any material change in the manner of business or operations of the Company, (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.