Common use of Commitments; Defaults Clause in Contracts

Commitments; Defaults. Except as set forth in Exhibit “B” attached hereto (“Commitments”), SBBD has not entered into any other commitments, nor is SBBD’s Common Stock, the assets, or the business of SBBD bound by, whether or not in writing, any other: (i) partnership or joint venture agreement; (ii) deed of trust or other security agreement; (iii) guaranty or suretyship, indemnification or contribution agreement or performance bond; (iv) employment, consulting or compensation agreement or arrangement, including the election or retention in office of any director or officer; (v) labor or collective bargaining agreement; (vi) debt instrument, loan agreement or other obligation relating to indebtedness for borrowed money or money lent or to be lent to another; (vii) deed or other document evidencing an interest in or contract to purchase or sell real property; (viii) agreement with dealers or sales or commission agents, public relations or advertising agencies, accountants or attorneys; (ix) lease of real or personal property, whether as lessor, lessee, sublessor or sublessee; (x) agreement between SBBD and any affiliate of SBBD; (xi) agreement relating to any material matter or transaction in which an interest is held by a person or entity that is an affiliate of SBBD; (xii) any agreement for the acquisition of services, supplies, equipment or other personal property and involving more than $100,000 in the aggregate; (xiii) powers of attorney; (xiv) contracts containing non-competition covenants; (xv) any other contract or arrangement that involves either an unperformed commitment in excess of $100,000 or that terminates more than 30 days after the date hereof; (xvi) agreement relating to any material matter or transaction in which an interest is held by any person or entity; (xvii) agreement providing for the purchase from a supplier of all or substantially all of the requirements of SBBD or any Subsidiary of a particular product or service; or (xviii) any other agreement or commitment not made in the ordinary course of business or that is material to the business or financial condition of SBBD or any Subsidiary.

Commitments; Defaults. Except as set forth in Exhibit “B” attached hereto (“Commitments”)Section 3.15 of the Company Disclosure Schedules, SBBD neither the Company nor any Subsidiary has not entered into any other commitmentsinto, nor is SBBD’s Common Stockare the Company Securities, the assets, assets or the business of SBBD the Company or any Subsidiary bound by, whether or not in writing, any other:any (i) partnership or joint venture agreement; (ii) deed of trust or other security agreement; (iii) guaranty or suretyship, indemnification or contribution agreement or performance bond; (iv) employment, consulting or compensation agreement or arrangement, including the election or retention in office of any director or officer; (v) labor or collective bargaining agreement; (vi) debt instrument, loan agreement or other obligation relating to indebtedness for borrowed money or money lent or to be lent to another; (vii) deed or other document evidencing an interest in or contract to purchase or sell real property; (viii) agreement with dealers or sales or commission agents, public relations or advertising agencies, accountants or attorneys; (ix) lease of real or personal property, whether as lessor, lessee, sublessor or sublessee; (x) agreement between SBBD the Company and any affiliate of SBBDthe Company; (xi) agreement relating to any material matter or transaction in which an interest is held by a person or entity that is an affiliate of SBBDthe Company; (xii) any agreement for the acquisition of services, supplies, equipment or other personal property and involving more than $100,000 50,000 in the aggregate; (xiii) powers of attorney; (xiv) contracts containing non-non competition covenants; (xv) any other contract or arrangement that involves either an unperformed commitment in excess of $100,000 50,000 or that terminates more than 30 days after the date hereof; (xvi) agreement relating to any material matter or transaction in which an interest is held by any person or entityentity referred to in Section 3.26; (xvii) agreement providing for the purchase from a supplier of all or substantially all of the requirements of SBBD the Company or any Subsidiary of a particular product or service; or (xviii) any other agreement or commitment not made in the ordinary course of business or that is material to the business or financial condition of SBBD the Company or any Subsidiary. All of the foregoing are hereinafter collectively referred to as the “Commitments.” True, correct and complete copies of the written Commitments, and true, correct and complete written descriptions of any material oral Commitments, have heretofore been delivered or made available to Parent. There are no existing defaults, events of default or events, occurrences, acts