Common use of IT Systems Clause in Contracts

IT Systems. Except as otherwise described in the Prospectus, 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 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 the Company and its Subsidiaries), equipment or technology (“IT Systems and Data”), and (y) the Company and 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; (ii) the Company and each of its Subsidiaries have complied in all material respects, 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 industry guidelines, standards, internal policies and contractual obligations relating to the security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification; and (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technology.

Appears in 3 contracts

Sources: Sales Agreement (Aspen Aerogels Inc), Sales Agreement (Aspen Aerogels Inc), Underwriting Agreement (Aspen Aerogels Inc)

IT Systems. Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, result in a Material Adverse EffectChange, (xi)(x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware, software, Personal Data, or other confidential, regulated, or sensitive data (including the any such data of their respective customers, employees, suppliers, or vendors and any third party data maintained by or on behalf of the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, 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 of their IT Systems and Data; , (ii) the Company and each of its Subsidiaries have complied in all material respectscomplied, and are presently in material compliance with, all applicable laws, laws and statutes or any applicable binding judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority authority, and all binding industry guidelines, standards, internal policies and contractual obligations 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 (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 2 contracts

Sources: Sales Agreement (LENZ Therapeutics, Inc.), Sales Agreement (LENZ Therapeutics, Inc.)

IT Systems. Except as otherwise described in (i)(x)To the Prospectus, 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 its Subsidiariessubsidiaries’ 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries 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; , (ii) except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, the Company and each of its Subsidiaries subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 2 contracts

Sources: Underwriting Agreement (ClearPoint Neuro, Inc.), Underwriting Agreement (ClearPoint Neuro, Inc.)

IT Systems. Except as otherwise described in (i)(x)To the ProspectusCompany’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 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge Knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack breach or compromise to their IT Systems and Data; , (ii) except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, the Company and each of its Subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 2 contracts

Sources: Underwriting Agreement (Aytu Biopharma, Inc), Underwriting Agreement (Aytu Biopharma, Inc)

IT Systems. Except as otherwise described in During the Prospectus, Relevant Period and except as would not, subject to exceptions that individually or in the aggregate, aggregate would not reasonably be expected to result in a Material Adverse EffectChange, (xi)(x) there There has been no security breach or attack or other compromise of or relating to any of the Company’s and 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 the Company and or its Subsidiaries), equipment or technology (“IT Systems and Data”), and (y) the Company and 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; , (ii) the Company and each of its Subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 2 contracts

Sources: Sales Agreement (NUSCALE POWER Corp), Sales Agreement (NUSCALE POWER Corp)

IT Systems. Except as otherwise described in the Prospectus, and except as would notnot reasonably be expected, individually or in the aggregate, to result in a Material Adverse EffectChange, (xi)(x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and 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; , (ii) the Company and each of its Subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: Sales Agreement (Nektar Therapeutics)

IT Systems. (i) Except as otherwise described in the ProspectusCommission 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 its 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its 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 security breach, attack or compromise to their IT Systems and Data; , (ii) the Company and each of its the Subsidiaries have complied in all material respects, 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 industry guidelines, standards, 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 (iii) the Company and each of its the Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Mobix Labs, Inc)

IT Systems. (i) Except as otherwise described in the ProspectusSEC 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 its 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its 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 security breach, attack or compromise to their IT Systems and Data; , (ii) the Company and each of its the Subsidiaries have complied in all material respects, 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 industry guidelines, standards, 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 (iii) the Company and each of its the Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: Purchase Agreement (Altamira Therapeutics Ltd.)

IT Systems. Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, to the Company’s knowledge, (xi)(x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiariessubsidiaries’ 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries 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; , (ii) the Company and each of its Subsidiaries subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: Underwriting Agreement (AppHarvest, Inc.)

IT Systems. Except as otherwise described disclosed in the Prospectus, Prospectus and except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse EffectChange, to the Company’s knowledge, (xi)(x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and 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; , (ii) the Company and each of its Subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: Sales Agreement (Romeo Power, Inc.)

IT Systems. Except as otherwise described in (i)(x) To the ProspectusCompany’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 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge Knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack breach or compromise to their IT Systems and Data; , (ii) except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, the Company and each of its Subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: Underwriting Agreement (Hyperfine, Inc.)

IT Systems. Except as otherwise described in To the ProspectusCompany’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 its Subsidiariessubsidiaries’ 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries 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; , in each case except for those circumstances that have been remedied without material cost or liability or the duty to notify any other person. Except as would not reasonably be expected to result in a Material Adverse Effect, (iii) the Company and each of its Subsidiaries subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iiiii) the Company and each of its Subsidiaries subsidiaries have implemented commercially reasonable security, incident response, backup and disaster recovery technology, policies, and procedures for the business consistent with industry standards and practice (the “Security Policies”).

Appears in 1 contract

Sources: Sales Agreement (Voyager Therapeutics, Inc.)

IT Systems. Except as otherwise described in the Prospectus, 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 its 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its 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 security breach, attack or compromise to their IT Systems and Data; , (ii) the Company and each of its the Subsidiaries have complied in all material respects, 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 industry guidelines, standards, 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 (iii) the Company and each of its the Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Forte Biosciences, Inc.)

IT Systems. (i) Except as otherwise described in the Registration Statement and the Prospectus, 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 its 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its 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 security breach, attack or compromise to their IT Systems and Data; , (ii) the Company and each of its the Subsidiaries have complied in all material respects, 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 industry guidelines, standards, 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 (iii) the Company and each of its the Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: At Market Issuance Sales Agreement (Meta Materials Inc.)

IT Systems. Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse EffectChange, to the Company’s knowledge, (xi)(x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and 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; , (ii) the Company and each of its Subsidiaries have complied in all material respects, and are presently in compliance, in all material compliance with, respects with all applicable laws, statutes or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority and all industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent in material respects with industry standards and practice.

Appears in 1 contract

Sources: Sales Agreement (Brightcove Inc)

IT Systems. Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, result in reasonably be expected to have a Material Adverse Effect, or except as described in the Registration Statement and the Prospectus, (x) there i)(x)there has been no security breach or attack or other compromise of or relating to any of the Company’s and its Subsidiariessubsidiaries’ 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries 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; , (ii) the Company and each of its Subsidiaries subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: Sales Agreement (Allakos Inc.)

IT Systems. Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse EffectChange, to the Company’s knowledge, (xi)(x) there has been no security breach or attack or other compromise of or relating to any of the Company’s and 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 the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and 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; , (ii) the Company and each of its Subsidiaries have complied in all material respectscomplied, 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 industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice.

Appears in 1 contract

Sources: Common Stock Sales Agreement (AppHarvest, Inc.)

IT Systems. (i) Except as otherwise described in the Prospectus, and except as would not, individually singly or in the aggregate, result in reasonably be expected to have a Material Adverse EffectEffect on the Company, (x) there has been no security breach or attack breach, attack, or other compromise of or relating to any of the Company’s and its Subsidiariessubsidiaries’ information technology and computer systems, networks, hardware, software, data (including any proprietary or confidential data, Personal Data or the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of the Company and its Subsidiariesthem), equipment or technology (“IT Systems and Data”), and (y) the Company and its Subsidiaries 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 attack, or other compromise to their IT Systems and Data; , (ii) the Company and each of its Subsidiaries subsidiaries have complied in all material respectsmaterially 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 applicable industry guidelines, standards, 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 (iii) the Company and each of its Subsidiaries subsidiaries have implemented commercially reasonable backup and disaster recovery technologytechnology consistent with industry standards and practice, except in each case, to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect on the Company and its subsidiaries, taken as a whole.

Appears in 1 contract

Sources: Underwriting Agreement (Aura Biosciences, Inc.)