Absence of Events. Since September 30, 1997, Frontier has not, except as set forth on Schedule 4.07 or pursuant to this Agreement, done any of the following:
Absence of Events. Except as set forth on the Disclosure Schedule-Esenjay, since December 31, 1996, no event has occurred that could have a Material Adverse Effect on Esenjay and Esenjay has not done any of the following:
Absence of Events. Except as set forth in “Item 3 - Legal Proceedings” and “Item 8 – Financial Statements and Supplementary Data” of BFC’s Annual Report on Form 10-K for the year ended December 31, 2012 (the “2012 10-K”) or as contemplated by this Agreement or the Merger Agreement, from December 31, 2012 through the date hereof, the Company has not:
Absence of Events. The Supplier represents and warrants that the Supplier and the Supplier’s Representatives are not the subject of any investigations or legal proceedings and that the Supplier has no reason to believe that the Supplier or any of the Supplier’s Representatives could be the subject of any investigations or legal proceedings concerning fraud, economic crimes, corruption, breach of trust, forgeries, system intrusions (hacking) or any other similar violations or criminal acts that could affect or could be connected, either directly or indirectly, with this Agreement, Caisse or any of its subsidiaries (an “Event”). The Supplier undertakes to sign all declarations pertaining to the absence of Events at Caisse’s request.
Absence of Events. Since January 1, 1999, the Seller has not: suffered any material adverse change to the Business or the Assets; permitted or allowed the Business or the Assets to be subject to any Liabilities other than in the ordinary course of business consistent with prior practice; created or incurred any liability other than in the ordinary course of business consistent with prior practice; sold or transferred any of the Business or the Assets; entered into or agreed to enter into any agreement to sell or otherwise dispose of the Business or any of the Assets; done anything to impact negatively the Business or the Assets; or lost any of its book of business or customers except in the ordinary course of business consistent with prior practice.
Absence of Events. Since March 31, 1997, none of the Araxas Companies has done any of the following:
Absence of Events. No Default or Event of Default has occurred and is continuing and Deepwater is not in default in, nor has any non-permanent waiver been granted to Deepwater with respect to, the performance, observance or fulfillment of any of the obligations, conditions or covenants contained in the Construction Contract, the Drilling Contracts, the Rig Sharing Agreement or the Services Agreements.
Absence of Events. Except as set forth on Schedule 18 hereto or as contemplated by this Agreement, since July 31, 2007 (date of the unaudited consolidated balance sheet), there has not been or occurred: (a) any Material Adverse Effect, (b) any acquisition or disposition by a Consolidated Entity of any material asset or material property other than in the ordinary course of business, (c) any material damage, destruction or loss, whether or not covered by insurance, (d) any declaration, setting aside or payment of any dividend or any other distributions in respect of the capital stock of a Consolidated Entity; (e) any issuance of any shares of the capital stock or membership interests, as the case may be, of a Consolidated Entity or any direct or indirect redemption, purchase or other acquisition of any of the capital stock of any Consolidated Entity; (f) any material increase in the compensation, pension or other benefits payable or to become payable by a Consolidated Entity to any of their respective officers or employees, or any bonus payments or arrangements made to or with any of them, (g) any entry by a Consolidated Entity into any material transaction other than in the ordinary course of business or as contemplated herein; (h) any discharge or satisfaction by a Consolidated Entity of any material Lien or payment by the Company of any material obligation or material liability (fixed or contingent) other than in the ordinary course of business or as contemplated herein, (i) any change in Tax accounting or financial accounting procedures or practices or (j) any other material change in the conduct of the business of a Consolidated Entity.
Absence of Events. No Default or Event of Default has ------------------- occurred and is continuing, and no Construction Period Event of Loss has occurred that has not been remedied before the date hereof and Deepwater is not in default in, nor has any non-permanent waiver been granted to Deepwater with respect to, the performance, observance or fulfillment of any of the obligations, conditions or covenants contained in the Construction Contract, the Drilling Contract or the Services Agreements.
