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These carve-outs define events that, while materially adverse, are excluded from the definition of a MAC clause.
Laidlaw's filings with the Securities and Exchange Commission warn that any pension contributions "could have a materially adverse effect on the financial condition of Greyhound".
Such a payment "would have a materially adverse impact on the company's liquidity and its ability to fund its operations," Excite@Home said in a news release.
One formulation is "an effect, event, development or change that, individually or in the aggregate, is materially adverse to the business, results of operations or financial condition of the company and its subsidiaries, taken as a whole".
Smiths Detection, which makes security scanners and x-ray machines for airports, borders and military checkpoints, is putting aside funds to meet legal costs in three contracts that "are anticipated to be materially adverse to previous expectations", according to a company statement.
The statement reiterated that Mr. Kerkorian would proceed with his plan to buy more shares, even though the offer allowed him to back out if "any change or prospective change in the affairs" of the company had a "materially adverse effect" on its performance.
Similar(47)
At the heart of the dispute is whether the new legislation will materially affect Sallie Mae's financial health, what is known as a material adverse change.
"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.
The SEC called the proxy materials materially false and misleading.
"In that context you could do a fiscal stimulus, and at much less risk of it being materially offset by an adverse effect on confidence".
Any and all of these adverse impacts may ultimately materially and adversely affect our business and result of operations".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com