Material Adverse Event Definition Example with 5 Variations

This page contains an example definition of Material Adverse Event, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
Material Adverse Event. Shall mean any change, event or effect that (a) is materially adverse to the general affairs, business, operations, assets, condition (financial or otherwise) or results of operations or prospects of the Company and its subsidiaries taken as a whole, or (b) is reasonably foreseeable, has a reasonable likelihood of occurring and, if it were to occur, might materially adversely affect the general affairs, business, operations, assets, condition (financial or otherwise) or results of operations or... prospects of the Company and its subsidiaries taken as a whole; provided, however, that the following shall not be taken into account in determining a "Material Adverse Event": (a) any adverse change, event or effect that is directly attributable to conditions affecting the United States economy generally unless such conditions adversely affect the Company in a materially disproportionate manner, and (b) any adverse change, event or effect that is directly attributable to conditions affecting the Company's industry generally, unless such conditions adversely affect the Company in a materially disproportionate manner. The party asserting that a Material Adverse Event has occurred shall have the burden of proof by a preponderance of the evidence with respect to any dispute regarding whether a change, event or effect is or is not "directly attributable to" any of the foregoing. View More Arrow
Found in CORUS PHARMA INC contract

Variations

Material Adverse Event. Shall mean any change, event event, circumstance or effect that (a) is materially adverse to the general affairs, business, operations, assets, condition (financial or otherwise) or results of operations or prospects of the Company and its subsidiaries Subsidiaries taken as a whole, or (b) is reasonably foreseeable, has a reasonable likelihood of occurring and, occurring, and if it were to occur, occur might materially adversely affect the general affairs, business, operations, assets,... condition (financial or otherwise) or results of operations or prospects of the Company and its subsidiaries Subsidiaries taken as a whole; provided, however, that the following shall not be taken into account in determining a "Material Adverse Event": (a) any adverse change, event or effect that is directly attributable to conditions affecting the United States economy generally unless such conditions adversely affect the whole. The Company in a materially disproportionate manner, and (b) any adverse change, event or effect that is directly attributable to conditions affecting the Company's industry generally, unless such conditions adversely affect the Company in a materially disproportionate manner. The party asserting that a Material Adverse Event has occurred shall have the burden of proof by a preponderance of the evidence with respect to any dispute regarding whether a change, event or effect is or is not "directly attributable to" any of the foregoing. View More Arrow
Found in FOG CUTTER CAPITAL GROUP INC contract
Material Adverse Event. Shall shall mean any change, event or effect that (a) is materially adverse to the general affairs, business, operations, assets, financial condition (financial or otherwise) or results of operations or prospects of the Company and its subsidiaries taken as a whole, or (b) is reasonably foreseeable, has a reasonable likelihood of occurring and, if it were to occur, might materially adversely affect the general affairs, business, operations, assets, condition (financial or otherwise) or results... of operations or prospects of the Company and its subsidiaries taken as a whole; provided, however, that the following shall not be taken into account in determining a "Material Adverse Event": (a) any adverse change, event or effect that is directly attributable to conditions affecting the Nextest Systems Corporation Information and Registration Rights Agreement United States economy generally unless such conditions adversely affect the Company in a materially disproportionate manner, and or (b) any adverse change, event or effect that is directly attributable to conditions affecting the Company's industry generally, unless such conditions adversely affect the Company in a materially disproportionate manner. The party asserting that a Material Adverse Event has occurred shall have the burden of proof by a preponderance of the evidence with respect to any dispute regarding whether a change, event or effect is or is not "directly attributable to" any of the foregoing. View More Arrow
Found in NEXTEST SYSTEMS CORP contract
Material Adverse Event. Shall shall mean any change, event or effect that (a) is materially adverse to the general affairs, business, operations, assets, financial condition (financial or otherwise) or results of operations or prospects of the Company and its subsidiaries taken as a whole, or (b) is reasonably foreseeable, has a reasonable likelihood of occurring and, if it were to occur, might materially adversely affect the general affairs, business, operations, assets, condition (financial or otherwise) or results... of operations or prospects of the Company and its subsidiaries taken as a whole; provided, however, that the following shall not be taken into account in determining a "Material Adverse Event": (a) any adverse change, event or effect that is directly attributable to conditions affecting the Nextest Systems Corporation Information and Registration Rights Agreement United States economy generally unless such conditions adversely affect the Company in a materially disproportionate manner, and or (b) any adverse change, event or effect that is directly attributable to conditions affecting the Company's industry generally, unless such conditions adversely affect the Company in a materially disproportionate manner. The party asserting that a Material Adverse Event has occurred shall have the burden of proof by a preponderance of the evidence with respect to any dispute regarding whether a change, event or effect is or is not "directly attributable to" any of the foregoing. View More Arrow
Found in NEXTEST SYSTEMS CORP contract
Material Adverse Event. Shall shall mean any change, event or effect that (a) is materially adverse to the general affairs, business, operations, assets, condition (financial or otherwise) or results of operations or prospects of the Company and its subsidiaries taken as a whole, or (b) is reasonably foreseeable, has a reasonable likelihood of occurring and, if it were to occur, might materially adversely affect the general affairs, business, operations, assets, condition (financial or otherwise) or results of... operations or prospects of the Company and its subsidiaries taken as a whole; provided, however, that the following shall not be taken into account in determining a "Material Adverse Event": (a) any adverse change, event or effect that is directly attributable to conditions affecting the United States economy generally unless such conditions adversely affect the Company in a materially disproportionate manner, and (b) any adverse change, event or effect that is directly attributable to conditions affecting the Company's industry generally, unless such conditions adversely affect the Company in a materially disproportionate manner. The party asserting that a Material Adverse Event has occurred shall have the burden of proof by a preponderance of the evidence with respect to any dispute regarding whether a change, event or effect is or is not "directly attributable to" any of the foregoing. View More Arrow
Found in Phenomix CORP contract
Material Adverse Event. Shall shall mean any change, event or effect an occurrence having a consequence that either (a) is materially adverse as to the general affairs, business, operations, assets, properties, prospects, or financial condition (financial or otherwise) or results of operations or prospects of the Company and its subsidiaries taken as a whole, or (b) is reasonably foreseeable, has a reasonable likelihood of occurring and, occurring, and if it were to occur, occur might materially adversely affect the ... class="diff-color-red">general affairs, business, operations, assets, properties, prospects or financial condition (financial or otherwise) or results of operations or prospects of the Company and its subsidiaries taken as a whole; Company; provided, however, that the following shall not be taken into account in determining a "Material Adverse Event": (a) (i) any adverse change, event or effect that is directly attributable to conditions affecting the United States economy generally unless such conditions adversely affect the Company such party in a materially disproportionate manner, and (b) (ii) any adverse change, event or effect that is directly attributable to conditions affecting the Company's industry generally, unless such conditions adversely affect the Company in a materially disproportionate manner. The party asserting that a Material Adverse Event has occurred shall have the burden of proof by a preponderance of the evidence with respect to any dispute regarding whether a change, event or effect is or is not "directly attributable to" any of the foregoing. View More Arrow
Found in PHOTOWORKS INC contract
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