Common use of Absence of Certain Acts or Events Clause in Contracts

Absence of Certain Acts or Events. Since the date of the November 30 Balance Sheet, with respect to the Orthodontic Business, Seller has not: A. Sold or transferred any of its assets other than in the ordinary course of business; B. Made or obligated itself to make capital expenditures aggregating more than $10,000.00; C. Incurred any material obligations or liabilities (including any indebtedness) or entered into any material transaction, except for this Agreement and the transactions contemplated hereby; D. Suffered any theft, damage, destruction or casualty loss in excess of $5,000.00; or E. Declared or paid any dividends or made any other distributions with respect to its shares or redeemed or purchased any of its shares.

Absence of Certain Acts or Events. Since the date of the November --------------------------------- 30 Balance Sheet, with respect to the Orthodontic Business, Seller has not: A. Sold or transferred any of its assets other than in the ordinary course of business; B. Made or obligated itself to make capital expenditures aggregating more than $10,000.00; C. Incurred any material obligations or liabilities (including any indebtedness) or entered into any material transaction, except for this Agreement and the transactions contemplated hereby; D. Suffered any theft, damage, destruction or casualty loss in excess of $5,000.00; or E. Declared or paid any dividends or made any other distributions with respect to its shares or redeemed or purchased any of its shares.