Common use of Commitments; Defaults Clause in Contracts

Commitments; Defaults. Except as set forth on Schedule 3.16 or as otherwise disclosed pursuant to this Agreement, neither the Company nor any of the Subsidiaries is a party to nor bound by, nor are any of the shares of Company Common Stock subject to, nor are the Assets or the businesses of the Company or the Subsidiaries bound by, whether or not in writing, any of the following (collectively, "Commitments"): i) partnership or joint venture agreement; ii) guaranty or suretyship, indemnification or contribution agreement or performance bond; iii) debt instrument, loan agreement or other obligation relating to indebtedness for borrowed money or money lent or to be lent to another; iv) contract to purchase real property; v) material agreements or arrangements with buying group members; vi) material agreements with suppliers of eye care and related products; vii) agreement with dealers or sales or commission agents, public relations or advertising agencies, accountants or attorneys (other than in connection with this Agreement and the transactions contemplated hereby) involving total payments within any twelve (12) month period in excess of $100,000 and which is not terminable on thirty (30) days' notice or without penalty; viii) agreement relating to any material matter or transaction in which an interest is held by a person or entity that is an Affiliate of the Company or the Stockholders, except as otherwise disclosed in this Agreement; ix) agreement for the acquisition of services, supplies, equipment, inventory, fixtures or other property involving more than $100,000 in the aggregate, except in the ordinary course of business. x) powers of attorney;

Commitments; Defaults. Except as set forth on Schedule 3.16 3.12 or as otherwise disclosed pursuant to this Agreement, neither the Company nor any of the Subsidiaries is not a party to nor bound by, nor are any of the shares of Company Common Stock subject to, nor are the Non-optical Assets or the businesses business of the Company or the Subsidiaries bound by, whether or not in writing, any of the following (collectively, "Commitments"): i) partnership or joint venture agreement; ii) guaranty or suretyship, indemnification or contribution agreement or performance bond; iii) debt instrument, loan agreement or other obligation relating to indebtedness for borrowed money or money lent or to be lent to another; iv) contract to purchase real property; v) material agreements or arrangements with buying group members; vi) material agreements with suppliers of eye care and related products; vii) agreement with dealers or sales or commission agents, public relations or advertising agencies, accountants or attorneys (other than in connection with this Agreement and the transactions contemplated hereby) involving total payments within any twelve (12) month period in excess of $100,000 2,000 and which is not terminable on thirty (30) days' notice or without penalty; viiivi) agreement relating to any material matter or transaction in which an interest is held by a person or entity that is an Affiliate of the Company or the Stockholders, except as otherwise disclosed in this AgreementShareholder; ixvii) agreement for the acquisition of services, supplies, equipment, inventory, fixtures or other property involving more than $100,000 2,000 in the aggregate, except in the ordinary course of business.; xviii) powers of attorney; ix) contracts containing non-competition covenants; x) agreement providing for the purchase from a supplier of all substantially all of the requirements of the Company of a particular product or services; xi) agreements with Payors and contracts to provide optical services and products; or

Commitments; Defaults. Except as set forth on Schedule 3.16 3.12 or as otherwise disclosed pursuant to this Agreement, neither the Company nor any of the Subsidiaries is not a party to nor bound by, nor are any of the shares of Company Common Stock subject to, nor are the Non-optometric Assets or the businesses assets or the business of the Company or the Subsidiaries bound by, whether or not in writing, any of the following (collectively, "Commitments"): i) partnership or joint venture agreement; ii) guaranty or suretyship, indemnification or contribution agreement or performance bond; iii) debt instrument, loan agreement or other obligation relating to indebtedness for borrowed money or money lent or to be lent to another; iv) contract to purchase real property; v) material agreements or arrangements with buying group members; vi) material agreements with suppliers of eye care and related products; vii) agreement with dealers or sales or commission agents, public relations or advertising agencies, accountants or attorneys (other than in connection with this Agreement and the transactions contemplated hereby) involving total payments within any twelve (12) month period in excess of $100,000 2,000 and which is not terminable on thirty (30) days' notice or without penalty; viiivi) agreement relating to any material matter or transaction in which an interest is held by a person or entity that is an Affiliate of the Company or the Stockholders, except as otherwise disclosed in this AgreementOptometrist; ixvii) agreement for the acquisition of services, supplies, equipment, inventory, fixtures or other property involving more than $100,000 2,000 in the aggregate, except in the ordinary course of business.; xviii) powers of attorney; ix) contracts containing non-competition covenants;