Material Adverse Effect

Material Adverse Effect. Any change or effect relating to the operations relating to the Tank Assets, taken as a whole, that, individually or in the aggregate with other changes or effects, materially and adversely affects the value of the Tank Assets taken as a whole, provided that in determining whether a Material Adverse Effect has occurred, changes or effects relating to (i) the Crude Oil transportation and refining industry generally (including the price of Crude Oil and the costs associated with the storage... and/or transportation of Crude Oil), (ii) United States or global economic conditions or hostilities or financial markets in general, or (iii) the transactions contemplated by this Agreement, shall not be considered. View More

Material Adverse Effect. Any event, occurrence or development that has had, or that could reasonably be expected to have, individually or in the aggregate with other events, occurrences or developments, a material adverse effect on the assets, liabilities (contingent or otherwise), business, affairs, operations, prospects or condition (financial or otherwise) of the Company.

Material Adverse Effect. Means a material adverse effect on (i) the business, properties, operations, condition (financial or other) results of operations or financial prospects of the Company and the Subsidiaries, taken as a whole; (ii) the validity or enforceability of, or the ability of the Company to perform its obligations under, the Transaction Documents; or (iii) the rights and remedies of the Purchaser under the terms of the Transaction Documents.

Material Adverse Effect. Means an effect that (a) has had, or would reasonably be expected to have, a material adverse effect on the assets, business, results of operations or financial condition of BDSI and its Subsidiaries taken as a whole; (b) prevents or materially delays or would reasonably be expected to prevent or materially delay the filing of a new drug application ("NDA") for BEMA-Fentanyl for a period in excess of *** months from ***, the approval of the NDA for BEMA-Fentanyl for a period in excess of ***... months from *** or BDSI's ability to launch, market and commercialize BEMA-Fentanyl for a period in excess of *** months from ***; or (c) prevents, or materially delays BDSI from performing its obligations under this Agreement or any Related Agreement in any material respect or materially delays consummating the transactions contemplated hereby or thereby or would reasonably be expected to have such effect. View More

Material Adverse Effect. The occurrence or the failure to occur of any event or series of events, other than arising from the Excluded Claims, which either singly or in the aggregate would have a material adverse effect upon the business, assets, liabilities, financial position or results of operations of the Borrower on a consolidated basis or on the ability of the Borrower to perform its obligations under this Agreement

Material Adverse Effect. Means an event, change or occurrence that, individually or together with any other event, change or occurrence, has a material adverse impact on the Company's financial position, business, results of operations or prospects, excluding any event, change or occurrence resulting from the announcement or consummation of the transactions contemplated by the Transaction Documents.

Material Adverse Effect. Any material adverse effect on the Acquired Assets, but shall not include any of the following, either alone or in combination: (i) any effect or change occurring as a result of general economic or financial conditions; and (ii) failure of Seller's results of operations to meet any internal or external predictions, projections, estimates or expectations, or to be consistent with historical results of operations

Material Adverse Effect. (a) any material adverse change in or effect on the Test Business, prospects, or results of operations in respect of the Test Business, the Acquired Assets or the Assumed Liabilities or (b) any material adverse change in or effect on the ability of Seller to perform its obligations hereunder.

Material Adverse Effect. A material adverse effect on (a) the business, assets, operations, prospects or financial or other condition of Debtor; (b) the ability of Debtor to pay or perform the Obligations in accordance with the terms of the Covered Obligations or this Security Agreement and to avoid an Event of Default, or an event which, with the giving of notice or the passage of time or both, would constitute an Event of Default; or (c) the rights and remedies of Secured Party under the Covered Obligations, this... Security Agreement or any related document, instrument or agreement (except for the Settlement Agreement) View More

Material Adverse Effect. A material adverse effect on the Business or the Assets