Common use of No Actions, Suits or Proceedings Clause in Contracts

No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Visible Genetics Inc)

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No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active the Subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Lowestfare Com Inc)

No Actions, Suits or Proceedings. Except as otherwise disclosed in the each Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries or its Company, either Subsidiary or their property respective properties is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Delano Technology Corp)

No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Stamps Com Inc)

No Actions, Suits or Proceedings. Except as otherwise disclosed to the extent described in the Prospectus, no action, suit or proceeding by or before any federal, state, local or foreign court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby hereby; or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Edutrades, Inc.

No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.this

Appears in 1 contract

Samples: Underwriting Agreement (Sage Inc/Ca)

No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Semitool Inc)

No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries subsidiaries or the Company's or its or their subsidiaries' property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Discovery Partners International Inc

No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries or its subsidiaries or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect on the performance of Company's ability to perform its obligations under this Agreement or the consummation of to consummate any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Carreker Corp)

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No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries or its Company, the Subsidiary or their property respective properties is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (C-Bridge Internet Solutions Inc)

No Actions, Suits or Proceedings. [Except as otherwise disclosed in the Prospectus, no ,] No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Blaze Software Inc

No Actions, Suits or Proceedings. Except as otherwise disclosed to the extent described in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Chordiant Software Inc)

No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its Active Subsidiaries subsidiary or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect on impair the performance of Company's ability to perform its obligations under this Agreement or delay or prevent the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Rudolph Technologies Inc

No Actions, Suits or Proceedings. Except as otherwise disclosed in the Prospectus, no No action, suit or proceeding by or before any foreign, federal, state or local court or governmental agency, authority or body or any arbitrator involving the Company or any Subsidiary, as the case may be, or any of its Active Subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that if adversely determined: (i) could reasonably be expected to have a material adverse effect Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby hereby; or (ii) except as disclosed in the Registration Statement as supplemented by the Prospectus Supplement, could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Placement Agency Agreement (Collagenex Pharmaceuticals Inc)

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