Absence of Changes. Since the Balance Sheet Date, except as set forth on Schedule 5.25, there has not been:
Absence of Changes. Except as set forth in Part 2.5 of the Disclosure Schedule, since December 31, 1999:
Absence of Changes. Since the Balance Sheet Date, the Company has conducted its operations in the ordinary course of business and, except as set forth on SCHEDULE 2.19, there has not been:
Absence of Changes. Since the Pubco Accounting Date, except as disclosed in the Public SEC Documents and except as contemplated in this Agreement, Pubco has not:
Absence of Changes. Since June 30, 1999, except as set forth on Schedule 4.7: (a) except for any Material Contract listed on Schedule 4.14 that was entered into after June 30, 1999, the Company has not entered into any transaction which was not in the ordinary course of business; (b) there has been no material adverse change in the condition (financial or otherwise), operating results, property, assets or liabilities of the Company; (c) there has been no damage to, destruction of or loss of physical property (whether or not covered by insurance) materially and adversely affecting the business or operations of the Company; (d) the Company has not declared or paid any dividend or made any distribution on or with respect to any class or series of its capital stock or equity interests, or redeemed, purchased or otherwise acquired any of its capital stock or equity interests; (e) there has been no resignation or termination of employment of any key officer or employee of the Company, and the Company does not know of the impending resignation or termination of employment of any such officer or employee; (f) there has been no labor dispute involving the Company or its employees and none is pending or, to the best of the Company's knowledge, threatened; (g) there has not been any material change in the contingent obligations of the Company, by way of guaranty, endorsement, indemnity, warranty or otherwise; (h) there has not been any waiver by the Company of a valuable right or of a debt owed to it; (i) there has not been any material adverse change or amendment to a contract by which the Company or any of its assets or properties is bound or subject; (j) there has not been any material increase in excess of $25,000 annually in any compensation arrangement or agreement with any employee of the Company receiving compensation; (k) there have not been any events or circumstances that, individually or in the aggregate, have had a material adverse effect on the financial condition of the Company; and (l) the Company has not (i) incurred any indebtedness for money borrowed, except pursuant to the Financing Agreement and the Loan Agreement, Revolving Line of Credit from Bank One, Texas, N.A. to the Company dated June 23, 1999 (the "Bank One Agreement"), (ii) made any loans or advances to any Person, other than ordinary advances for travel expenses not exceeding $25,000, or (iii) sold, exchanged or otherwise disposed of any of its assets or rights for consideration in excess of $25,000 in any...
Absence of Changes. Since the Balance Sheet Date, except as set forth in the Draft Registration Statement delivered to the Stockholders, and except as contemplated by this Agreement and the Other Agreements or as set forth on Schedule 6.15 hereto, there has not been:
Absence of Changes. From the Balance Sheet Date (as defined in Section 12.15(a)) through the date of this Agreement, the Company has conducted its business in the ordinary course and there has not been: (i) a Company Material Adverse Effect, (ii) any material asset or property of the Company or any Subsidiary made subject to an Encumbrance of any kind, (iii) any waiver of any material right of the Company or any Subsidiary, or the cancellation, payment or discharge of any material debt or claim held by the Company or any Subsidiary, or the incurrence, guarantee, assumption or creation of any Indebtedness (as defined in Section 12.15(a)) by the Company or any Subsidiary, resulting in aggregate Indebtedness of the Company and its Subsidiaries, in excess of $250,000, (iv) any mortgage, pledge, sale, lease, license, assignment or transfer of any material tangible or intangible assets of the Company or any Subsidiary, except in the ordinary course of business, (v) any loan by the Company to, or any loan to the Company from any officer, director, employee or stockholder of the Company, or any agreement or commitment therefor except for travel advances not in excess of (x) $30,000, in the case of the Chief Executive Officer of the Company, and (y) $15,000, in the case of all others, (vi) any damage, destruction or loss (whether or not covered by insurance) materially and adversely affecting the assets, property or business of the Company or any Subsidiary, (vii) any material change in the accounting methods or practices followed by the Company, except to conform to changes in GAAP (as defined in Section 4.18), (viii) any purchase by the Company or any Subsidiary of assets, other than in the ordinary course of business, or capital stock of another Person or any agreement by the Company or any Subsidiary to merge or consolidate with another Person, (ix) any grant by the Company or any Subsidiary of licenses or sublicenses of, or material modification of, any rights under or with respect to any Intellectual Property (as defined in Section 4.11(a)), or any settlement regarding any infringement, misappropriation or alleged infringement or misappropriation of rights in any Intellectual Property, (x) any issuance, sale or other disposition or authorization thereof by the Company or any Subsidiary of any of its capital stock or other securities, or grant of any options, warrants or other rights to purchase or obtain (including upon conversion, exercise or exchange) any of its capital stock ...
Absence of Changes. 19 5.25 DEPOSIT ACCOUNTS; POWERS OF ATTORNEY............................20 5.26
Absence of Changes. Since June 30, 2002, other than as set forth in the SEC Documents and Schedule 2.6 to this Subscription Agreement, the Company has not (i) incurred any debts, obligations or liabilities, absolute, accrued, contingent or otherwise, whether due or to become due, except current liabilities incurred in the usual and ordinary course of business and consistent with past practices, having individually or in the aggregate a Material Adverse Effect, (ii) made or suffered any changes in its contingent obligations by way of guaranty, endorsement (other than the endorsement of checks for deposit in the usual and ordinary course of business), indemnity, warranty or otherwise, (iii) discharged or satisfied any liens or paid any obligation or liability other than current liabilities shown on the balance sheet dated as of June 30, 2002, and current liabilities incurred since the date of the balance sheet dated as of June 30, 2002, in each case in the usual and ordinary course of business and consistent with past practices, (iv) mortgaged, pledged or subjected to lien any of its assets, tangible or intangible, (v) sold, transferred or leased any of its assets except in the usual and ordinary course of business and consistent with past practices, (vi) cancelled or compromised any debt or claim, or waived or released any right, of material value, (vii) suffered any physical damage, destruction or loss (whether or not covered by insurance) adversely affecting the properties, business or prospects of the Company, (viii) entered into any transaction other than in the usual and ordinary course of business except for this Subscription Agreement and the other Offering Documents and the related agreements referred to herein and therein, (ix) encountered any labor difficulties or labor union organizing activities, (x) made or granted any wage or salary increase or entered into any employment agreement, (xi) issued or sold any shares of capital stock or other securities or granted any options with respect thereto, or modified any equity security of the Company, (xii) declared or paid any dividends on or made any other distributions with respect to, or purchased or redeemed, any of its outstanding equity securities, (xiii) suffered or experienced any change in, or condition affecting, its condition (financial or otherwise), properties, assets, liabilities, business operations, results of operations or prospects other than changes, events or conditions in the usual and ordinary course ...
Absence of Changes. Except as set forth in Part 2.5 of the Company Disclosure Schedule, between March 31, 2007 and the date of this Agreement:
