Common use of Capital Stock, Etc Clause in Contracts

Capital Stock, Etc. 6.5 Subsidiaries 6.7 Liabilities 6.8 Conformity with Law; Litigation 6.9 No Violations 6.12 OtherAgreements; No Side Agreements 6.15 Absence of Changes 7.2 Conduct of Business Pending Closing 7.3 Prohibited Activities 7.5 Notice to Bargaining Agents 9.12 Employment Agreements 10.1 Guaranties 13.1 Activities Excluded from Noncompete AGREEMENT AND PLAN OF ORGANIZATION THIS AGREEMENT AND PLAN OF ORGANIZATION (the "Agreement") is made as of March 17, 1998, by and among LandCARE USA, Inc., a Delaware corporation ("LandCARE"), D.R. Church Landscape Co., Inc., an Illinois corporation (the "Company"), and the stockholders identified on the signature pages hereof (the "Stockholders"). The Stockholders are all the stockholders of the Company.

Capital Stock, Etc. 6.5 Subsidiaries 6.7 Liabilities 6.8 Conformity with Law; Litigation 6.9 No Violations 6.12 OtherAgreements; No Side Agreements 6.15 Absence of Changes 7.2 Conduct of Business Pending Closing 7.3 Prohibited Activities 7.5 Notice to Bargaining Agents 9.12 Employment Agreements 10.1 Guaranties 13.1 Activities Excluded from Noncompete AGREEMENT AND PLAN OF ORGANIZATION THIS AGREEMENT AND PLAN OF ORGANIZATION (the "Agreement") is made as of March 17, 1998, by and among LandCARE USA, Inc., a Delaware corporation ("LandCARE"), D.R. Church Southern Tree Acquisition Corp., a Delaware corporation ("Newco"), Southern Tree & Landscape Co., Inc., an Illinois a North Carolina corporation (the "Company"), and the stockholders identified on the signature pages hereof (the "Stockholders"). The Stockholders are all the stockholders of the Company.

Capital Stock, Etc. 6.5 Subsidiaries 6.7 Liabilities 6.8 Conformity with Law; Litigation 6.9 No Violations 6.12 OtherAgreements; No Side Agreements 6.15 Absence of Changes 7.2 Conduct of Business Pending Closing 7.3 Prohibited Activities 7.5 Notice to Bargaining Agents 9.12 Employment Agreements 10.1 Guaranties 13.1 Activities Excluded from Noncompete AGREEMENT AND PLAN OF ORGANIZATION THIS AGREEMENT AND PLAN OF ORGANIZATION (the "Agreement") is made as of March 17, 1998, by and among LandCARE USA, Inc., a Delaware corporation ("LandCARE"), D.R. Church Four Seasons Acquisition Corp., a Delaware corporation ("Newco"), Four Seasons Landscape Co.and Maintenance, Inc., an Illinois a California corporation (the "Company"), and the stockholders identified on the signature pages hereof (the "Stockholders"). The Stockholders are all the stockholders of the Company.

Capital Stock, Etc. 6.5 Subsidiaries 6.7 Liabilities 6.8 Conformity with Law; Litigation 6.9 No Violations 6.12 OtherAgreements; No Side Agreements 6.15 Absence of Changes 7.2 Conduct of Business Pending Closing 7.3 Prohibited Activities 7.5 Notice to Bargaining Agents 9.12 Employment Agreements 10.1 Guaranties 13.1 Activities Excluded from Noncompete AGREEMENT AND PLAN OF ORGANIZATION THIS AGREEMENT AND PLAN OF ORGANIZATION (the "Agreement") is made as of March 17, 1998, by and among LandCARE USA, Inc., a Delaware corporation ("LandCARE"), D.R. Church Landscape Co.Trees Acquisition Corp., a Delaware corporation ("Newco"), Trees, Inc., an Illinois a Nevada corporation (the "Company"), and the stockholders identified on the signature pages hereof (the "Stockholders"). The Stockholders are all the stockholders of the Company.

Capital Stock, Etc. 6.5 Subsidiaries 6.7 Liabilities 6.8 Conformity with Law; Litigation 6.9 No Violations 6.12 OtherAgreements; No Side Agreements 6.15 Absence of Changes 7.2 Conduct of Business Pending Closing 7.3 Prohibited Activities 7.5 Notice to Bargaining Agents 9.12 Employment Agreements 10.1 Guaranties 13.1 Activities Excluded from Noncompete AGREEMENT AND PLAN OF ORGANIZATION THIS AGREEMENT AND PLAN OF ORGANIZATION (the "Agreement") is made as of March 17, 1998, by and among LandCARE USA, Inc., a Delaware corporation ("LandCARE"), D.R. Church Landscape Co.DESERT CARE ACQUISITION CORP., Inc.a Delaware corporation ("Newco"), DESERT CARE LANDSCAPING, INC., an Illinois Arizona corporation (the "Company"), and the stockholders identified on the signature pages hereof (the "Stockholders"). The Stockholders are all the stockholders of the Company.

Capital Stock, Etc. 6.5 Subsidiaries 6.7 Liabilities 6.8 Conformity with Law; Litigation 6.9 No Violations 6.12 OtherAgreements; No Side Agreements 6.15 Absence of Changes 7.2 Conduct of Business Pending Closing 7.3 Prohibited Activities 7.5 Notice to Bargaining Agents 9.12 Employment Agreements 10.1 Guaranties 13.1 Activities Excluded from Noncompete AGREEMENT AND PLAN OF ORGANIZATION THIS AGREEMENT AND PLAN OF ORGANIZATION (the "Agreement") is made as of March 17, 1998, by and among LandCARE USA, Inc., a Delaware corporation ("LandCARE"), D.R. Church Landscape Co.Ground Control Acquisition Corp., a Delaware corporation ("Newco"), Ground Control Landscaping, Inc., an Illinois a Florida corporation (the "Company"), and the stockholders identified on the signature pages hereof (the "Stockholders"). The Stockholders are all the stockholders of the Company.