Market Condition. There shall not have occurred any general suspension of trading on the New York Stock Exchange, the Nasdaq Stock Market, or any general bank moratorium or closing or any war, national emergency or other event affecting the economy or securities trading markets in any of the foregoing cases generally that would make completion of the Merger impossible.
Market Condition. 64. In assessing the levels of competition in the market, the Commission based its findings on pre-COVID-19 pandemic data, as it would more accurately represent actual post-JV market conditions. The Commission, however, notes that while data during the pandemic are less representative of normal and future market conditions, the Commission found it necessary to make references to market changes that occurred during the pandemic as airlines have carried out a restructuring of their businesses and operations as a result of the pandemic. Such changes and restructuring may remain in the long-term and should therefore be considered in the assessment of future market conditions.
Market Condition. Up to and including the Closing Date, Fortium shall have maintained its quotation on the OTC Pink Market, without any trading and quotation halts or other notices of deficiency received by or imposed against Fortium.
Market Condition. Up to and including the Closing Date, Enviro shall have maintained its quotation on the OTC Pink Market, without any trading and quotation halts or other notices of deficiency received by or imposed against Enviro.
Market Condition. 72. In relation to the Kuala Lumpur – Honolulu market, the Parties used to have the highest market share up to 2019, the year in which AirAsia X (“D7”) started flying on the route. D7 had the highest market share in 2019 at [✄], whereas the Parties only had a [✄] market share. D7 suspended its operations in March 2020 due to the COVID-19 pandemic, and the market shares are now more evenly distributed between the Parties and other competitors. In 2021, the Parties had the second-highest market share at [✄]. [✄]. Although the market is considered as highly concentrated, the Parties do not currently have the highest market share. Furthermore, as the tourism industry is seeing recovery and demand for travel is increasing, other airlines may choose to enter the Kuala Lumpur – Honolulu market in the future. It should be noted that in June 2022, D7 announced its re-entry into the market, resuming its flights from KUL to HNL via KIX at a frequency of twice a week.
Market Condition. Up to and including the Closing Date, PhoneBrasil shall have maintained its quotation on the OTC Pink Market, without any trading and quotation halts or other notices of deficiency received by or imposed against PhoneBrasil.
Market Condition. Up to and including the Closing Date, Sustut shall have maintained its listing on the OTC Bulletin Board, without any trading and quotation halts or other notices of deficiency received by or imposed against Sustut.
Market Condition. 34 7.8 Financial Condition............................................................. 34 7.9 Payment of Outstanding Promissory Notes......................................... 35 SECTION 8. TERMINATION.................................................................. 35 8.1
Market Condition. From the date hereof to the Closing Date, trading in the Common Stock shall not have been suspended by the Commission or the Company’s principal Trading Market and, at any time from the date hereof prior to the Closing Date, trading in securities generally as reported by Bloomberg L.P. shall not have been suspended or limited, or minimum prices shall not have been established on securities whose trades are reported by such service, or on any Trading Market, nor shall a banking moratorium have been declared either by the United States or New York State authorities nor shall there have occurred any material outbreak or escalation of hostilities or other national or international calamity of such magnitude in its effect on, or any material adverse change in, any financial market which, in each case, in the reasonable judgment of such Purchaser, makes it impracticable or inadvisable to purchase the Securities at the Closing.
Market Condition. There shall not have occurred any decline in the Dow Jones Industrial Average or Xxxxdard & Poors Index of 400 Companies by an amount in excess of 10%, measured from the close of business on the date of this Agreement to the anticipated Closing Date.
