Common use of Concurrent Acquisitions Clause in Contracts

Concurrent Acquisitions. Prior to or concurrent with the Closing, Buyer shall have closed or be closing Consolidation Transactions with companies, including Seller, having aggregate Pre-tax Income of at least $20 million and at the Closing Buyer shall have delivered to Seller a certificate to such effect in substantially the form of Exhibit L, dated the Closing Date, signed by the President or any Vice President and the Secretary or any Assistant Secretary of Buyer. For these purposes, "PRE-TAX INCOME" of any particular company means that company's projected 1998 pre-tax income, as adjusted pursuant to agreement between Buyer and that company to reflect certain cost reductions and modified business practices and accounting methods expected to take effect after the closing of the Consolidation Transactions.

Appears in 1 contract

Samples: Asset Purchase Agreement (Eps Solutions Corp)

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Concurrent Acquisitions. Prior to or concurrent with the Closing, Buyer shall have closed or be closing Consolidation Transactions with companies, including Sellerthe Company, having aggregate Pre-tax Income of at least $20 million and at the Closing Buyer shall have delivered to Seller the Stockholders a certificate to such effect in substantially the form of Exhibit LI, dated the Closing Date, signed by the President or any Vice President and the Secretary or any Assistant Secretary of Buyer. For these purposes, "PRE-TAX INCOME" of any particular company means that company's projected 1998 pre-tax income, as adjusted pursuant to agreement between Buyer and that company to reflect certain cost reductions and modified business practices and accounting methods expected to take effect after the closing of the Consolidation Transactions.

Appears in 1 contract

Samples: Stock Purchase Agreement (Eps Solutions Corp)

Concurrent Acquisitions. Prior to or concurrent with the Closing, Buyer shall have closed or be closing Consolidation Transactions with companies, including Sellerthe Company, having aggregate Pre-tax Income of at least $20 million and at the Closing Buyer shall have delivered to Seller the Stockholders a certificate to such effect in substantially the form of Exhibit LH, dated the Closing Date, signed by the President or any Vice President and the Secretary or any Assistant Secretary of Buyer. For these purposes, "PRE-TAX INCOME" of any particular company means that company's projected 1998 pre-tax income, as adjusted pursuant to agreement between Buyer and that company to reflect certain cost reductions and modified business practices and accounting methods expected to take effect after the closing of the Consolidation Transactions.

Appears in 1 contract

Samples: Stock Purchase Agreement (Eps Solutions Corp)

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Concurrent Acquisitions. Prior to or concurrent with the Closing, Buyer shall have closed or be closing Consolidation Transactions with companies, including Sellerthe Company, having aggregate Pre-tax Income of at least $20 million and at the Closing Buyer shall have delivered to Seller the Members a certificate to such effect in substantially the form of Exhibit LI, dated the Closing Date, signed by the President or any Vice President and the Secretary or any Assistant Secretary of Buyer. For these purposes, "PRE-TAX INCOME" of any particular company means that company's projected 1998 pre-tax income, as adjusted pursuant to agreement between Buyer and that company to reflect certain cost reductions and modified business practices and accounting methods expected to take effect after the closing of the Consolidation Transactions.

Appears in 1 contract

Samples: Securities Purchase Agreement (Eps Solutions Corp)

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