Disclosed Matters. Since the Effective Date, there has been no change in the status of the Disclosed Matters (or any matter arising prior to the Effective Date and not required to be disclosed on [Schedule 3.6]) that, individually or in the aggregate, has resulted in or could reasonably be expected to result in a Material Adverse Effect.

Disclosed Matters. Since the Sixth Amendment Effective Date, there has been no change in the status of the Disclosed Matters that, individually or in the aggregate, has resulted in, or materially increased the likelihood of, a Material Adverse Effect.

Disclosed Matters. Except as disclosed in periodic and other reports, proxy statements and other materials filed by the Company or any of its Subsidiaries with the Securities and Exchange Commission, since the date hereof, there has been no change in the status of the actions, suits, proceedings and other matters disclosed in [Schedules 4.06(a)] and 4.06(b) that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

Matters Relating to Disclosed Action. With regarding to the Disclosed Action, the following shall have occurred: # each judgment debtor and each judgment creditor party to the Disclosed Action shall have entered into a written agreement (the “Stay of Enforcement Agreement”) providing for, among other things, a stay of enforcement of the judgment rendered in respect of the Disclosed Action, such agreement shall be in full force and effect on the Closing Date, the Agent shall have received and reviewed such agreement to its reasonable satisfactions and such stay shall be in effect in accordance with the terms of such agreement; # the Agent shall have received and reviewed to its satisfaction the terms and conditions of the Cherokee Surety Bond, and the Cherokee Surety Bond shall have been issued and filed with the applicable court; # the Agent shall have received and reviewed to its reasonable satisfaction a copy of the executed promissory note evidencing the indebtedness owing by UTI to Holdings under the Holdings – UTI Intercompany Loan; # the Agent shall have received and reviewed to its reasonable satisfaction the final execution version of the Cherokee Indemnity Agreement and # the Agent, Cherokee and Holdings shall have entered into the Cherokee-Holdings Subordination Agreement, which shall be in full force and effect.

To the Seller's Knowledge, the Due Diligence Material given by or on behalf of the Seller to the Purchaser, its Affiliates or advisors before and during the negotiations leading to this Agreement is in all material respects accurate and not substantially misleading and no information has been withheld by the Seller which might be material to a prospective purchaser of the Sold Shares and/or the Business.

Subject to Clause 9 the Purchaser is deemed to have examined the Disclosed Documents and accepts that it is purchasing the Property on the basis that it has satisfied itself on all matters disclosed in them and on the validity and marketability of the Seller's title to the Property.

the remaining Disclosed Documents;

Referral to Disclosed Results. Notwithstanding anything to the contrary herein, each Party has the right to publish (through press releases, scientific journals, or otherwise) and refer to any clinical, regulatory, or research results related to a Licensed Product that have been publicly disclosed by either Party, including referring to the other Party by name as a licensee or licensor, as applicable, of such Publishing Party, which publication or referral by such Party shall not require the prior consent of the other Party.

“Disclosed Matters” means the matters disclosed in [Schedule 3.05].

“Disclosed Matters” means the actions, suits, and proceedings disclosed on [Schedule 3.6] and the environmental matters disclosed on [Schedule 3.16].