Since December. 31, 1999, both immediately before and after giving effect to the consummation of the transactions contemplated by this Agreement, there shall not have occurred any Material Adverse Change or any event, condition or state of facts that could reasonably be expected to result in a Material Adverse Change.
Since December. 31, 1995 and after giving effect to the incurrence of Indebtedness hereunder and the other transactions contemplated hereby, there has been no material adverse change in the condition (financial or otherwise), operations, assets, liabilities or prospects of the Company and its Restricted Subsidiaries taken as a whole (other than any change in general economic conditions or any change in conditions affecting the Business generally).
Since December. 31, 2006, Buyer has conducted its business in the consistent with past practice and except as disclosed on Schedule 3.11 hereto there has not been:
Since December. 31, 1997 and through the date hereof, and except as set forth on SCHEDULE 5.19(J), neither MIOA, any of its Subsidiaries nor any MIOA ERISA Affiliate has, nor will it, (i) institute or agree to institute any new MIOA Employee Benefit Plan or practice, (ii) make or agree to make any change in any MIOA Employee Benefit Plan, (iii) make or agree to make any increase in the compensation payable or to become payable by MIOA, any of its Subsidiaries or any MIOA ERISA Affiliate to any MIOA Employee, except for normal periodic salary increases consistent with past practices, or (iv) except pursuant to this Agreement and except for contributions required to provide benefits pursuant to the provisions of the MIOA Employee Benefit Plans, pay or accrue or agree to pay or accrue any bonus, percentage of compensation, or other like benefit to, or for the credit of, any MIOA Employee.
Since December. 31, 1999 (and excluding matters giving rise to the Existing Credit Agreement Events of Default, but not excluding any matters arising out of facts determined by the special committee of the board of directors of the Borrower investigating the matters described in the Continued Funding Agreement and related matters and not disclosed to the Agent or the Banks in writing, in the Special Disclosure Materials or otherwise, on or before the Closing Date) there has been no event, act, condition or occurrence having a Material Adverse Effect.
Since December. 31, 1998, there shall not have occurred any event or condition that has had or could reasonably be expected to have a Material Adverse Effect.
Since December. 31, 2012, the Borrower has conducted its business only in the ordinary course, and there has been no Material Adverse Change.
Since December. 31, 1999 Nutmeg has carried on its businesses in the ordinary and usual course consistent with its past practices.
Since December. 31, 2000 and except as disclosed in the SEC Filings by the Borrower since December 31, 2000 but prior to the Closing Date, the Borrower and all members of the NEG Group have conducted their business only in the ordinary course of business, and there has not been (i) any event or development that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect or (ii) any damage, destruction or loss, whether or not covered by insurance, that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Except as set forth in the Audited Financial Statements or otherwise disclosed in writing to each Lender in the Disclosure Letter or incurred in the ordinary course of business, none of the Covered Parties or any other NEG Subsidiary has any outstanding claims, liabilities or indebtedness, contingent or otherwise.
Since December. 16, 1998, and, to the Company's knowledge, prior to such date, the Company has complied in all material respects with all applicable federal procurement laws, rules and regulations, including the Truth in Negotiations Act, the Procurement Integrity Act, the Cost Accounting Standards and the Foreign Corrupt Practices Act.
