IT Systems. (i) Except as otherwise described in the Commission Documents, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries have not been notified of any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Stardust Power Inc.), Ordinary Share Purchase Agreement (DDC Enterprise LTD), Common Stock Purchase Agreement (Stardust Power Inc.)
IT Systems. (i) Except as otherwise described in i)(x)To the Commission DocumentsCompany’s knowledge, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have materially complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 3 contracts
Sources: Underwriting Agreement (AerSale Corp), Underwriting Agreement (AerSale Corp), Underwriting Agreement (AerSale Corp)
IT Systems. (ii)(x) Except as otherwise described in To the Commission DocumentsCompany’s knowledge, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no material security breach or breach, attack or other compromise of or relating to any of the Company’s and the its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries each Subsidiary has complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and each Subsidiary has implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 3 contracts
Sources: Sales Agreement (Madrigal Pharmaceuticals, Inc.), Sales Agreement (Madrigal Pharmaceuticals, Inc.), Sales Agreement (Madrigal Pharmaceuticals, Inc.)
IT Systems. (i) Except as otherwise described in i)(x)To the Commission DocumentsCompany’s knowledge, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no material security breach or attack or other compromise of or relating to any of the Company’s and the its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the each of its Subsidiaries have complied, and are presently in material compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 2 contracts
Sources: Sales Agreement (Galecto, Inc.), Sales Agreement (Oruka Therapeutics, Inc.)
IT Systems. (ii)(x) Except as otherwise described in To the Commission Documentsknowledge of the Company, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding contractually mandated industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 2 contracts
Sources: Underwriting Agreement (Emcore Corp), Underwriting Agreement (Emcore Corp)
IT Systems. (ii)(x) Except as otherwise described in To the Commission Documentsknowledge of the Company, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no material security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding contractually mandated industry guidelines or standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology appropriate to its business.
Appears in 2 contracts
Sources: Underwriting Agreement (Protara Therapeutics, Inc.), Underwriting Agreement (Protara Therapeutics, Inc.)
IT Systems. (i) Except as otherwise described in the Commission Documents, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there i)(x)There has been no reportable security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any reportable security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries are have complied, and are, in all material respects, presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice in all material respects.
Appears in 2 contracts
Sources: Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Standard Diversified Inc.)
IT Systems. (ii)(x) Except as otherwise described in To the Commission DocumentsCompany’s knowledge, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and the its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the each of its Subsidiaries have complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. (ii)(x) Except as otherwise described in To the Commission DocumentsCompany’s knowledge, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no material security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have complied, and are presently in material compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. (ii)(x) Except as otherwise described in the Commission Documents, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there There has been no material security breach or attack or other material compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries each of its subsidiaries have complied, and are presently in material compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and each of its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. (iA)(x) Except as otherwise described in the Commission Documents, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there There has been no security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including any Personal Data or the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (iiB) the Company and the Subsidiaries its subsidiaries have complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.modification and (C) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice. (gg)
Appears in 1 contract
IT Systems. (i) Except as otherwise described in i)(x)To the Commission Documents, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) Company’s knowledge there has been no material security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have complied, and are presently in material compliance with, in all material respects, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. (i) Except as otherwise described in the Commission DocumentsSince October 1, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, 2019 (x) there has been no material security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have materially complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice in the respective countries in which they are headquartered.
Appears in 1 contract
IT Systems. (ii)(x) Except as otherwise described in To the Commission DocumentsCompany’s Knowledge, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have materially complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. (ii)(x) Except as otherwise described in To the Commission DocumentsCompany’s knowledge, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and the its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries each Subsidiary has complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and each Subsidiary has implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. (i) Except as otherwise described in the Commission Documents, and except as would not, individually singularly or in the aggregate, result in have a Material Adverse Effect, during the past five (x5) years: (i)(x) to the Company’s knowledge, there has been no security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them)data, equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification. The Company and its subsidiaries have implemented commercially reasonable backup and disaster recovery technology.
Appears in 1 contract
IT Systems. (i) Except as otherwise described in (x)To the Commission DocumentsCompany’s knowledge, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and the Subsidiariesits subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the Subsidiaries its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the Subsidiaries its subsidiaries have materially complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract
IT Systems. (i) Except as otherwise described in the Commission Documents, and except as would not, individually or in the aggregate, result in a Material Adverse Effect, (x) there i)(x)There has been no material security breach or attack or other compromise of or relating to any of the Company’s and the its Subsidiaries’ information technology and computer systems, networks, hardware, software, data (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (“IT Systems and Data”), and (y) the Company and the its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack or compromise to their IT Systems and Data, and (ii) the Company and the its Subsidiaries have materially complied, and are presently in material compliance with, all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all binding industry guidelines, standards, and internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification and (iii) the Company and its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.
Appears in 1 contract