Material Adverse Effect

Material Adverse Effect. Any change, violation, inaccuracy, circumstance or effect that is materially adverse to the business, properties, assets (including intangible assets), liabilities, capitalization or financial condition of the Company and its Subsidiaries, taken as a whole; provided, however that the following shall not be taken into account in determining whether has been a Material Adverse Effect: (i) any occurrences relating to the economy of the United States in general and (ii) changes in trading prices... for the Company's securities or for securities in general. View More

Material Adverse Effect. Shall mean a material adverse effect on the prospects (financial or otherwise), condition, business, operations, assets, liabilities (including contingent liabilities required to be reserved against in accordance with GAAP), or results of operations of the Company.

Material Adverse Effect. A material adverse effect on the business, assets, financial condition or results of operations of Buyer

Material Adverse Effect. A material adverse change in (i) the financial condition, business, prospects, operations or properties of Borrower; or (ii) the rights and remedies of Lender under the Loan Documents, or the ability of Borrower to perform its obligations under the Loan Documents; (iii) the legality, validity or enforceability of any Loan Document; or (iv) the fully perfected liens of Lender pursuant to the Loan Documents, the Authorizing Order or any other order of the Bankruptcy Court

Material Adverse Effect. Means any change, effect, event, occurrence or state of facts that is, or would reasonably be expected to be, materially adverse to the business, properties, assets, financial condition or results of operations of a party.

Material Adverse Effect. (a) a material adverse change in, or a material adverse effect upon, the operations, business, properties, liabilities (actual or contingent), condition (financial or otherwise) or prospects of Borrower or Borrower and its Subsidiaries taken as a whole; (b) a material impairment of the ability of any Loan Party to perform its obligations under any Loan Document to which it is a party; or (c) a material adverse effect upon the legality, validity, binding effect or enforceability against any Loan... Party of any Loan Document to which it is a party; provided, that for purposes of item (a) above, "material" means any basis for liability or loss which would subject Borrower or a Subsidiary to liability or loss in excess of $10,000,000 in the aggregate (to the extent not covered by independent third-party insurance as to which the insurer does not ultimately dispute coverage) View More

Material Adverse Effect. An occurrence or circumstance having a consequence that, individually or in the aggregate, is materially adverse as to the business, properties, assets, liabilities, affairs, prospects, operations, operating results, or condition (financial or otherwise) of the Company, individually or taken as a whole; provided, however, that such term shall not include any circumstance or change related to (a) general economic conditions, or (b) securities markets generally

Material Adverse Effect. Means a material adverse affect on (a) the assets, liabilities, business, properties, operations, financial condition, or results of operations of the Company and any subsidiaries, taken as a whole, or (b) the ability of the Company to perform its obligations pursuant to this Agreement or under the agreements or instruments to be entered into or filed in connection herewith.

Material Adverse Effect. Means a material adverse effect on, and a "Material Adverse Change " means a material adverse change in: (i) the assets, liabilities, results of operations, condition (financial or otherwise) or business of the Company taken as a whole; or (ii) the ability of the Company to perform its obligations under the Transaction Documents, but, to the extent applicable, shall exclude any circumstance, change or effect to the extent resulting or arising from: (w) any change in general economic conditions... in the industries or markets in which the Company and its Subsidiaries operate so long as the Company and its Subsidiaries are not disproportionately (in a material manner) affected by such changes; (x) national or international political conditions, including any engagement in hostilities, whether or not pursuant to the declaration of a national emergency or war, or the occurrence of any military or terrorist attack so long as the Company and its Subsidiaries are not disproportionately (in a material manner) affected by such changes; (y) changes in United States generally accepted accounting principles, or the interpretation thereof; or (z) the entry into or announcement of this Agreement, actions contemplated by this Agreement, or the consummation of the transactions contemplated hereby. View More

Material Adverse Effect. A material adverse effect upon (a) the business, financial condition, operations or assets of XOMA and its Affiliates, taken as a whole, or (b) the ability of XOMA Ireland to perform its obligations under the Loan Documents