No Damage or Destruction. Prior to the Closing Date, there shall not have occurred any casualty to any facility, property, equipment or inventory owned or used by the Corporation as a result of which either a. the monetary amount of damage or destruction aggregates five (5%) percent or more of the aggregate book value shown on the books of account of the entire facilities, properties, equipment and inventory of the Corporation, or b. the total monetary amount of damage or destruction is less than five (5%) percent of the aggregate book value shown on the books of account of the entire facilities, properties, equipment and inventory of the Corporation, but more than $50,000, and such loss shall not be substantially covered by valid, existing insurance underwritten by responsible insurers.
No Damage or Destruction. Prior to the Closing, there shall not have ------------------------ occurred any casualty to any facility, property, machinery, equipment or the building owned or used by the Seller. Additionally, there shall have been no change in the business, properties or operations of the Seller which would have a materially adverse effect on the value of the business and properties of the Seller.
No Damage or Destruction. After the date hereof, there will have been no damage, destruction or loss of or to any property or properties owned or used by the Colonial Business, whether or not covered by insurance, which in the aggregate may have a material adverse effect on the Colonial Business, the Acquired Assets, the Owned Real Property or the financial condition or results of operations of Colonial.
No Damage or Destruction. Prior to the Closing Date, there shall not have occurred any casualty to any facility, property, equipment or inventory owned or used by the Company as a result of which either (i) the monetary amount of damage or destruction aggregates five (5%) percent or more of the aggregate book value shown on the books of account of the entire facilities, properties and equipment of the Company, or (ii) the total monetary amount of damage or destruction is less than five (5%) percent of the aggregate book value shown on the books of account of the entire facilities, properties and equipment of the Company, but more than $100,000, and such loss shall not be substantially covered by valid, existing insurance underwritten by responsible insurers.
No Damage or Destruction. The Transferred Assets, Subleased Equipment, and Leased Equipment, as adjusted under Section 1.3, 1.4, and 1.5, shall not have suffered any destruction or damage by fire, accident, or other casualty or Act of God, whether or not covered by insurance, which affects such Transferred Assets, Subleased Equipment, and Leased Equipment in a material and adverse way.
No Damage or Destruction. Prior to Closing, there shall not have occurred any damage, destruction or casualty to any facility, property, or equipment owned or used by any Company or any Subsidiary which is materially adverse and significant to the business, financial condition, or operations of the Companies and the Subsidiaries (taken as whole).
No Damage or Destruction. Prior to the Closing Date, there shall not have occurred any casualty to any facility, property, equipment or inventory owned
No Damage or Destruction. After the date hereof, there will have been no damage, destruction or loss of or to any of the Company’s assets, whether or not covered by insurance, which is reasonably likely, individually or in the aggregate, to have a material adverse effect on the Company or its assets or the Business.
No Damage or Destruction. After the date hereof, there will have been no damage, destruction, or loss of or to any of the Acquired Assets, whether or not covered by insurance, which is reasonably likely, individually or in the aggregate, to have a Material Adverse Effect. This Section 7.2D is intended as an express provision with respect to destruction and eminent domain which supersedes the provisions of the Nevada Uniform Vendor and Purchaser Risk Act.
No Damage or Destruction. After the date hereof, there shall have been no damage, destruction, or loss of or to any property or properties owned or used by Sellers, whether or not covered by insurance, which in the aggregate may have a material adverse effect on the Hancxxx Xxxmunities Business, the Acquired Assets or the financial condition, or results of operations of Sellers.
