Common use of Material Changes Clause in Contracts

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 94 contracts

Samples: Equity Distribution Agreement (Arbor Realty Trust Inc), Equity Distribution Agreement (Geo Group Inc), Equity Distribution Agreement (Terreno Realty Corp)

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Material Changes. Except as contemplated in the Registration Statement and the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company Company, the Operating Partnership and its their respective subsidiaries considered as one enterpriseenterprise (including all of the Properties), whether or not arising in the ordinary course of business.

Appears in 78 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, on a consolidated basis, in the condition, financial or otherwise, or in the earnings, business affairs or business prospects authorized capital stock of the Company and its subsidiaries considered as one enterpriseor any Material Adverse Effect, whether or not arising any development in the ordinary course business or affairs of businessthe Company that could reasonably be expected to cause a Material Adverse Effect.

Appears in 29 contracts

Samples: Common Stock (Icad Inc), Sales Agreement (Microvision, Inc.), Common Stock (CPS Technologies Corp/De/)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in or affecting any of the Properties or in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries (including the Operating Partnership) considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 23 contracts

Samples: Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company Company, the Operating Partnership and its each of their subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 21 contracts

Samples: Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Alpine Income Property Trust, Inc.), Equity Distribution Agreement (Alpine Income Property Trust, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earningsresults of operations, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 20 contracts

Samples: Equity Distribution Agreement (Elme Communities), Equity Distribution Agreement (Astronics Corp), Equity Distribution Agreement (Washington Real Estate Investment Trust)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, on a consolidated basis, in the condition, financial or otherwise, or in the earnings, business affairs or business prospects authorized capital stock of the Company and its subsidiaries considered as one enterpriseor any Material Adverse Effect, whether or not arising in the ordinary course of businessany development that could reasonably be expected to cause a Material Adverse Effect.

Appears in 19 contracts

Samples: Cassava Sciences Inc, Market Issuance Sales Agreement (Aeterna Zentaris Inc.), Market Issuance Sales Agreement (Aeterna Zentaris Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective change, in the condition, financial or otherwise, or in the business, properties, earnings, business affairs results of operations or business prospects of the Company and its subsidiaries considered except as one enterprisewould not reasonably be expected to have, whether individually or not arising in the ordinary course of businessaggregate, a Material Adverse Change.

Appears in 19 contracts

Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company Company, the Operating Partnership and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 16 contracts

Samples: Equity Distribution Agreement (Innovative Industrial Properties Inc), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc), Agreement and Any Terms Agreement (Innovative Industrial Properties Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective material adverse change, in or affecting the conditiongeneral affairs, management, financial position, shareholders’ equity or otherwise, or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries considered taken as one enterprise, whether or not arising in the ordinary course of businessa whole.

Appears in 15 contracts

Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company Company, the Operating Partnership and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 9 contracts

Samples: Sales Agreement (Aimco Properties Lp), Equity Distribution Agreement (LaSalle Hotel Properties), Equity Distribution Agreement (Aimco Properties Lp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the earnings, business affairs affairs, business prospects, management, assets or business prospects properties of the Company Company, the Operating Partnership and its subsidiaries their Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the CompanyPartnership’s reports filed with the Commission, there shall not have been any material adverse change in the conditiongeneral affairs, condition (financial or otherwiseother), business, assets or in the earnings, business affairs or business prospects results of operations of the Company Partnership and its subsidiaries considered taken as one enterprisea whole, whether or not arising from transactions in the ordinary course of business.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Black Stone Minerals, L.P.), Equity Distribution Agreement (Antero Midstream Partners LP), Equity Distribution Agreement (Global Partners Lp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the business, properties, earnings, business affairs results of operations or business prospects of the Company and its subsidiaries considered except as one enterprisewould not reasonably be expected to have, whether individually or not arising in the ordinary course of businessaggregate, a Material Adverse Effect.

Appears in 7 contracts

Samples: Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change Material Adverse Effect in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 7 contracts

Samples: Equity Distribution Agreement (ACRES Commercial Realty Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.), Equity Distribution Agreement (Arlington Asset Investment Corp.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterpriseCompany, whether or not arising in the ordinary course of business.

Appears in 5 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (CYS Investments, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, condition (financial or otherwise, ) or in the assets, business, operations, earnings, business affairs properties or business prospects of the Company and its subsidiaries considered the Subsidiaries, taken as one enterprisea whole, whether or not arising in the ordinary course of business.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.)

Material Changes. Except as contemplated disclosed in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 5 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Management Agreement (Invesco Mortgage Capital Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or in the ability of the Manager to perform its obligations under the Management Agreement, whether or not arising in the ordinary course of business.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Ready Capital Corp), Equity Distribution Agreement (Sutherland Asset Management Corp), Equity Distribution Agreement (Sutherland Asset Management Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective change, in the condition, financial or otherwise, or in the business, properties, earnings, business affairs results of operations or business prospects of the Company and its subsidiaries considered except as one enterprisewould not reasonably be expected to have, whether individually or not arising in the ordinary course of businessaggregate, a Material Adverse Effect.

Appears in 4 contracts

Samples: Distribution Agreement (Medical Properties Trust Inc), Distribution Agreement (Medical Properties Trust Inc), Equity Distribution Agreement (Medical Properties Trust Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the earningsresults of operations, properties, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.), Equity Distribution Agreement (Apple Hospitality REIT, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterpriseMaterial Adverse Change, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Distribution Agreement (PLx Pharma Inc.), Equity Distribution Agreement (Aevi Genomic Medicine, Inc.), Equity Distribution Agreement (Veritone, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Sales Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust), Equity Distribution Agreement (Lexington Realty Trust)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and each of its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 3 contracts

Samples: Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.)

Material Changes. Except as contemplated in the Prospectus, Prospectus or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Synalloy Corp), Equity Distribution Agreement (Synalloy Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the financial condition, financial or otherwise, or in the earnings, earnings or business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Ashford Hospitality Trust Inc), Equity Distribution Agreement (Ashford Hospitality Trust Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects or regulatory status of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (TCP Capital Corp.), Equity Distribution Agreement (TCP Capital Corp.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and its subsidiaries the Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Gramercy Property Trust), Equity Distribution Agreement (Gramercy Property Trust Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs results of operations or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Digimarc CORP), Equity Distribution Agreement (Digimarc CORP)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, condition (financial or otherwise, ) or in the earningsassets, business affairs business, operations, earnings or business prospects properties of the Company and its subsidiaries considered the Subsidiaries, taken as one enterprisea whole, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Distribution Agreement (Ashford Hospitality Trust Inc), Distribution Agreement (Ashford Hospitality Trust Inc)

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Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s 's reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)

Material Changes. Except as contemplated disclosed in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Equity One, Inc.), Equity Distribution Agreement (Equity One, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change change, or any development involving a prospective material adverse change, in or affecting the conditiongeneral affairs, management, financial position, stockholders’ equity, partners’ capital or otherwise, or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries (including the Partnership) considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Regency Centers Lp), Equity Distribution Agreement (Regency Centers Lp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of businessbusiness that, in the judgment of the Placement Agents is so material as to make it impracticable to proceed with the offering of the Placement Securities on the terms and in the manner contemplated in the Prospectus.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Velocity Financial, Inc.), Equity Distribution Agreement (Velocity Financial, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, condition (financial or otherwise), business, properties, assets, net worth, results of operations or in the earnings, business affairs or business prospects of the Company, the Operating Company and its subsidiaries considered their subsidiaries, taken as one enterprise, whether or not arising in the ordinary course of businessa whole.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Jernigan Capital, Inc.), Distribution Agreement (Jernigan Capital, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of businessbusiness that is so material as to make it impracticable or inadvisable to proceed with the offering of the Placement Securities on the terms and in the manner contemplated in the Prospectus.

Appears in 1 contract

Samples: Equity Distribution Agreement (LAVA Therapeutics NV)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the CommissionCommission and incorporated or deemed to be incorporated therein by reference, there shall not have been any material adverse change or any development that could reasonably be expected to result in a material adverse change in the condition, condition (financial or otherwiseother), or in the earningsresults of operations, business affairs or business prospects properties of the Company and its subsidiaries considered taken as one enterprisea whole, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the earningsresults of operations, properties, business affairs or business prospects of the Company and its subsidiaries Significant Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Condor Hospitality Trust, Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earningsresults of operations, business affairs or business prospects of the Company and its subsidiaries considered taken as one enterprisea whole, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (American States Water Co)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the earnings, business affairs affairs, business prospects, management, assets or business prospects properties of the Company and its subsidiaries Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (FIDUS INVESTMENT Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the CompanyFund’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company Fund and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (DNP Select Income Fund Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the CommissionCommission and incorporated by reference in the Prospectus, there shall not have been any material adverse change in to the condition, financial or otherwise, or in the properties, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Master Services Agreement (CIM Commercial Trust Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (WGL Holdings Inc)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, earnings or business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Portland General Electric Co /Or/)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries Archrock Entities considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Archrock, Inc.)

Material Changes. Except as contemplated disclosed in the Prospectus, Prospectus or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (JMP Group Inc.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the CompanyPartnership’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earningsresults of operations, business affairs or business prospects of the Company Partnership and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Distribution Agreement (Buckeye Partners, L.P.)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries the Subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Capstead Mortgage Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the conditiongeneral affairs, condition (financial or otherwiseother), management, business, prospects, assets or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries considered taken as one enterprisea whole, whether or not arising from transactions in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (SemGroup Corp)

Material Changes. Except as contemplated in the Prospectus, or disclosed in the CompanyPartnership’s reports filed with the Commission, there shall not have been any material adverse change in the conditiongeneral affairs, condition (financial or otherwisebusiness), assets or in the earnings, business affairs or business prospects results of operations of the Company and its subsidiaries considered Partnership Entities taken as one enterprisea whole, whether or not arising from transactions in the ordinary course of business.

Appears in 1 contract

Samples: Equity Distribution Agreement (Golar LNG Partners LP)

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