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On top of this, the two have agreed to except the hacking from the terms of "business material adverse effects" that might affect the deal now closing.
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"The extended loss of the services of Mr. Zimmer or other key personnel could have a material adverse effect on the securities markets' view of our prospects and materially harm our business," the company said.
■ An investigation over its compliance with US economic sanctions could have a "material adverse" effect on its results.
As HSBC's annual reports puts it, breach of the DPA could have "a material adverse effect on our business".
Any violation of the F.C.P.A. could have a material adverse effect on our financial condition.
Neteller, meanwhile, gave warning that the legislation would have a "material adverse effect" on its business.
What do you warn your shareholders about?" The law says that companies have to disclose anything that could have a "material adverse effect" on the business.
Under the terms of the agreement, Hexion must pay a $325 million breakup fee, unless the Delaware court agrees that a material adverse effect has occurred.
Apollo and Hexion also claimed that Huntsman's falling profits constituted a "material adverse effect" that would trigger an escape clause in the merger agreement.
DaVita says in regulatory filings that failure to qualify for such discounts could have a "material adverse effect" on the company's earnings.
The company said it did not believe "that this inquiry by the S.E.C. will have a material adverse effect on the company or its financial statements".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com