Common use of Lack of Material Change Clause in Contracts

Lack of Material Change. Except as described in the ----------------------- Registration Statement and the Prospectus, subsequent to the date of the last audited balance sheet included in the Registration Statement or the Prospectus and prior to the Closing Date, (a) ATLANTIC shall have conducted its business in the usual and ordinary manner as the same was being conducted on the date of such last audited balance sheet; (b) there shall not have been any material adverse change in the condition (financial or other), properties or business of ATLANTIC; (c) ATLANTIC shall not have entered into any material transaction other than in the ordinary course of business; (d) ATLANTIC shall not have incurred any material obligations, contingent or otherwise, other than in the ordinary course of business; (e) there shall not have been any change in the capital stock or long-term debt (except current payments) of ATLANTIC; and (f) ATLANTIC shall not have paid or declared any dividends or other distributions on the Shares, other than regular periodic dividends and the distribution of the Rights.

Appears in 2 contracts

Sources: Placement Agent Agreement (Security Capital Atlantic Inc), Placement Agent Agreement (Security Capital Atlantic Inc)

Lack of Material Change. Except as described in the ----------------------- Registration Statement and the Prospectus, subsequent to the date of the last audited balance sheet included in the Registration Statement or and the Prospectus and prior to the Closing Date, (a) ATLANTIC Homestead shall have conducted its business in the usual and ordinary manner as the same was being conducted on the date of such last audited balance sheet; (b) there shall not have been any material adverse change in the condition (financial or other), properties or business of ATLANTICHomestead; (c) ATLANTIC Homestead shall not have entered into any material transaction other than in the ordinary course of business; (d) ATLANTIC Homestead shall not have incurred any material obligations, contingent or otherwise, other than in the ordinary course of business; (e) there shall not have been any change in the capital stock or long-term debt (except current payments) of ATLANTICHomestead, other than the sales of Shares in the Rights Offering, including Additional Shares; and (f) ATLANTIC Homestead shall not have paid or declared any dividends or other distributions on the Shares, other than regular periodic dividends and the distribution of the Rights.

Appears in 1 contract

Sources: Placement Agent Agreement (Homestead Village Inc)