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United Rentals had argued that Cerberus could not abandon the deal without invoking what is known as a material adverse affect clause, a legal escape hatch that is usually written into deal agreements.
If Parent concludes that a material adverse affect or material breach of covenant has occurred and is successful in asserting these positions in a court of law, Parent would be relieved from its obligation to consummate the Merger.
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"An adverse outcome with respect to any of these matters would likely have a material adverse impact on Enron's ability to continue as a going concern".
Accordingly, VIZIO does not believe that the suit will have a material adverse impact on VIZIO's business.
(Such a "MAC clause" allows a buyer to get out of a deal if certain material and adverse events happen to the target company. In this case, if a material adverse change affected Cooper, then Apollo is not required to complete the deal).
Skiers staying closer to home is having an adverse affect on some resorts in the West.
They can't do anything that will have an adverse affect on historic Roslyn Village".
Such moral hazard has an adverse affect on competition and the effective operation of our markets," Myners said.
That's not necessarily to say that any of this had an adverse affect on the conference itself.
It holds tremendous adverse affect toward diminishing of tolerance to other environmental hazards too.
We sought to determine whether delay in treatment had an adverse affect on patient outcome.
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CEO of Professional Science Editing for Scientists @ prosciediting.com