Common use of Contract Clause in Contracts

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 23 contracts

Samples: Agreement and Plan of Merger (PortalPlayer, Inc.), Agreement and Plan of Merger (Rae Systems Inc), Agreement and Plan of Merger and Reorganization (Mikohn Gaming Corp)

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Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 23 contracts

Samples: Asset Purchase Agreement (Cavium Networks, Inc.), Asset Purchase Agreement (Medical Transcription Billing, Corp), Asset Purchase Agreement (Kranem Corp)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 16 contracts

Samples: Agreement and Plan of Merger (Transwitch Corp /De), Agreement and Plan of Merger and Reorganization (Website Pros Inc), Agreement and Plan of Merger and Reorganization (Heckmann CORP)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 15 contracts

Samples: Agreement and Plan of Merger (Patient Infosystems Inc), Packet Island Merger Agreement (Broadsoft Inc), Agreement and Plan of Merger And (Cavium, Inc.)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature (except, in each case, ordinary course of business purchase orders).

Appears in 13 contracts

Samples: Agreement and Plan of Merger (Websense Inc), Agreement and Plan of Merger (XRS Corp), Agreement and Plan of Merger (Senomyx Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optioncertificate, warranty, purchase order, license, sublicenseproxy, insurance policy, benefit plan or legally binding commitment commitment, arrangement or undertaking of any nature.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Conexant Systems Inc), Securities Purchase Agreement (Vir Biotechnology, Inc.), Agreement and Plan of Merger (Acquicor Technology Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Yelp Inc), Agreement and Plan of Merger (Yelp Inc), Agreement of Merger (Oclaro, Inc.)

Contract. “Contract” shall shall, with respect to any Person, mean any written, oral or other agreement, contract, subcontract, leaselease (whether real or personal property), mortgage, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature to which such Person is a party or by which such Person or any of its assets are bound or affected under applicable law.

Appears in 6 contracts

Samples: Agreement and Plan of Merger and Reorganization (Discovery Partners International Inc), Agreement and Plan of Merger and Reorganization (Novacea Inc), Agreement and Plan of Merger and Reorganization (Cancervax Corp)

Contract. “Contract” shall mean means any written, oral or other agreement, contract, subcontractagreement, lease, understandinglicense, arrangement, instrument, note, option, warrantysales order, purchase order, license, sublicense, insurance policy, benefit plan instrument or legally binding other commitment or undertaking arrangement that is binding on any Person or entity or any part of any natureits property under applicable Law.

Appears in 6 contracts

Samples: Master Separation Agreement (Pride SpinCo, Inc.), Master Separation Agreement (Pride International Inc), Separation and Distribution Agreement (Carrols Restaurant Group, Inc.)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, settlement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature, whether express or implied.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Ebay Inc), Agreement and Plan of Merger (Foundry Networks Inc), Agreement and Plan of Merger (XOOM Corp)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, grant, funding agreement, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or other legally binding understanding, arrangement, commitment or undertaking of any natureundertaking.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Tetraphase Pharmaceuticals Inc), Agreement and Plan of Merger (La Jolla Pharmaceutical Co), Agreement and Plan of Merger (AutoWeb, Inc.)

Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warrantydeed, purchase order, license, sublicense, insurance policy, benefit plan order or legally binding commitment or undertaking of any natureundertaking.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Oclaro, Inc.), Option Agreement (Oclaro, Inc.), Asset Purchase Agreement (Ii-Vi Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, warrant, note, debenture, indenture, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking undertaking, and any amendments to any of any naturethe foregoing.

Appears in 5 contracts

Samples: Agreement and Plan of Merger and Reorganization (Rovi Corp), Agreement and Plan of Merger (Diedrich Coffee Inc), Agreement and Plan of Merger (Peets Coffee & Tea Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan plan, or legally binding commitment or undertaking of any nature.

Appears in 5 contracts

Samples: Asset Acquisition Agreement (Claridge Ventures, Inc.), Agreement and Plan of Merger (Entremed Inc), Asset Purchase Agreement (Moxian (BVI) Inc)

Contract. “Contract” shall mean any written, oral or other written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking, written or oral.

Appears in 4 contracts

Samples: Agreement and Plan of Merger and Reorganization (Bookham, Inc.), Agreement and Plan of Merger and Reorganization (Opnext Inc), Agreement and Plan of Merger and Reorganization (Oclaro, Inc.)

Contract. “Contract” shall mean any legally binding written, oral or other implied agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 4 contracts

Samples: Agreement of Merger (Synopsys Inc), Agreement of Merger (Synopsys Inc), Agreement of Merger (Nassda Corp)

Contract. “Contract” shall mean any written, oral or other written binding agreement, contract, subcontract, lease, settlement agreement, understanding, arrangementinstrument, instrumentloan, credit agreement, bond, debenture, note, option, warranty, purchase orderwarrant, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Forty Seven, Inc.), Agreement and Plan of Merger (Gilead Sciences Inc), Agreement and Plan of Merger (Gilead Sciences Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, indenture, bond, loan, conditional sale contract, mortgage, franchise, option, warranty, purchase or sale order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 3 contracts

Samples: Agreement of Merger (Taro Pharmaceutical Industries LTD), Agreement of Merger (Taro Pharmaceutical Industries LTD), Agreement of Merger (Sun Pharmaceutical Industries LTD)

Contract. “Contract” shall mean means any written, oral or other currently effective and legally binding written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Transmeta Corp), Agreement and Plan of Merger (Versant Corp), Agreement and Plan of Merger (Connetics Corp)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, debenture, indenture, warrant, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Applied Materials Inc /De), Agreement and Plan of Merger (Silicon Graphics International Corp), Agreement and Plan of Merger (Applied Materials Inc /De)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Anadys Pharmaceuticals Inc), Agreement and Plan of Merger (Mallinckrodt PLC), Agreement and Plan of Merger (Sucampo Pharmaceuticals, Inc.)

Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, supply agreement, sourcing agreement, warranty, deed, assignment, power of attorney, certificate, purchase order, licensesales order, sublicensework order, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Portola Pharmaceuticals Inc), Asset Purchase Agreement (GTX Inc /De/), Asset Purchase Agreement (Portola Pharmaceuticals Inc)

Contract. “Contract” shall mean any writtenloan or credit agreement, oral bond, debenture, note, mortgage, indenture, guarantee, lease or other contract, commitment, agreement, contractinstrument, subcontract, leasearrangement, understanding, arrangementobligation, instrument, note, option, warranty, purchase order, undertaking or license, sublicensewhether oral or written (each, insurance policy, benefit plan or legally binding commitment or undertaking of any natureincluding all amendments thereto).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Biosite Inc), Agreement and Plan of Merger (Biosite Inc), Agreement and Plan of Merger (Beckman Coulter Inc)

Contract. The term "Contract" shall mean and refer to any written, oral or other agreement, contract, subcontractmortgage, deed of trust, bond, indenture, lease, understanding, arrangement, instrumentlicense, note, franchise, certificate, option, warrantywarrant, purchase orderright or other instrument, licensedocument, sublicenseobligation or agreement, insurance policy, benefit plan whether written or legally binding commitment or undertaking of any natureoral.

Appears in 3 contracts

Samples: Asset Exchange Agreement (Avalon Cable Holdings Finance Inc), Asset Exchange Agreement (Avalon Cable Holdings Finance Inc), Asset Exchange Agreement (Avalon Cable Holdings Finance Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, franchise, lease, understanding, arrangement, instrument, note, debenture, indenture, warrant, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan license or sublicense or other legally binding commitment or undertaking of any nature, whether written or oral.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Volterra Semiconductor Corp), Agreement and Plan of Merger (Maxim Integrated Products Inc), Agreement and Plan of Merger (Maxim Integrated Products Inc)

Contract. “Contract” shall mean any written, oral or other binding agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warranty, purchase orderwarrant, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Celgene Corp /De/), Agreement and Plan of Merger (Dicerna Pharmaceuticals Inc), Agreement and Plan of Merger (Juno Therapeutics, Inc.)

Contract. “Contract” shall mean any written, written or oral or other agreement, contract, subcontract, grant, funding agreement, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or other legally binding understanding, arrangement, commitment or undertaking of any natureundertaking.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (La Jolla Pharmaceutical Co), Agreement and Plan of Merger (Innoviva, Inc.), Agreement and Plan of Merger (La Jolla Pharmaceutical Co)

Contract. “Contract” shall mean any written, written or oral or other binding agreement, contract, subcontract, lease, settlement agreement, understanding, arrangement, instrument, note, loan, credit agreement, bond, debenture, note, option, warranty, purchase orderwarrant, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Tobira Therapeutics, Inc.), Agreement and Plan of Merger (Allergan PLC)

Contract. “Contract” shall mean means any written, oral or other agreement, contract, license, sublicense, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment commitment, understanding or undertaking of any nature.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Raptor Pharmaceutical Corp), Asset Purchase Agreement (Raptor Pharmaceutical Corp)

Contract. “Contract” shall mean means any legally binding written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature (except, in each case, purchase orders or insertion orders entered into in the Ordinary Course).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Everyday Health, Inc.), Agreement and Plan of Merger (J2 Global, Inc.)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature (except, in each case, purchase orders).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hot Topic Inc /Ca/), Agreement and Plan of Merger (Lyris, Inc.)

Contract. “Contract” shall mean any legally binding written, oral or other agreement, amendment, contract, subcontract, lease, understanding, arrangement, instrument, note, debenture, indenture, warrant, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or other similar legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Altera Corp), Agreement and Plan of Merger (Intel Corp)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Synopsys Inc), Agreement and Plan of Merger and Reorganization (Netscout Systems Inc)

Contract. “Contract” shall mean any written, oral (written or other oral) agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Poseida Therapeutics, Inc.), Agreement and Plan of Merger and Reorganization (Poseida Therapeutics, Inc.)

Contract. “Contract” shall shall, with respect to any Person, mean any written, oral or other written agreement, contract, subcontract, leaselease (whether real or personal property), mortgage, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature to which such Person is a party or by which such Person or any of its assets are bound or affected under applicable law.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (InterWest Partners IX, LP), Agreement and Plan of Merger and Reorganization (Transcept Pharmaceuticals Inc)

Contract. “Contract” shall mean any written, oral or other currently effective and legally binding written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Neoforma Inc), Agreement and Plan of Merger (Spear & Jackson Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature (except, in each case, purchase orders entered into in the Ordinary Course of Business).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Enernoc Inc), Agreement and Plan of Merger (Enel Green Power North America, Inc.)

Contract. “Contract” shall mean means any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ideal Power Inc.), Asset Purchase Agreement (Ideal Power Inc.)

Contract. “Contract” shall mean means any written, oral or other agreement, contract, subcontract, lease, legally binding understanding, legally binding arrangement, settlement, legally binding instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, legally binding benefit plan or legally binding commitment or undertaking of any nature, whether express or implied.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Peplin Inc), Agreement and Plan of Merger (LEO Pharma a/S)

Contract. “Contract” shall mean any legally binding written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Samples: Agreement of Merger (Ipass Inc), Agreement of Merger (GoRemote Internet Communications, Inc.)

Contract. “Contract” shall mean mean, with respect to a specified Person, any written, oral or other written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or written legally binding commitment or undertaking of any naturenature to which the specified Person is a party or by which it or any of its properties or assets may be bound or affected.

Appears in 2 contracts

Samples: Conversion Agreement (Heckmann CORP), Release Agreement (Heckmann CORP)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking, written or oral.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Tidewater Inc), Agreement and Plan of Merger (Gulfmark Offshore Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Immune Design Corp.), Agreement and Plan of Merger (Merck & Co., Inc.)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warranty, purchase orderwarrant, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Checkmate Pharmaceuticals, Inc.), Agreement and Plan of Merger (Decibel Therapeutics, Inc.)

Contract. “Contract” shall mean any writtenlegally binding, express or implied, written or oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, notecertificate, optioncommitment, warranty, purchase order, license, sublicense, insurance policy, benefit plan arrangement or legally binding commitment or undertaking of any natureundertaking.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Verity Inc \De\), Agreement and Plan of Merger (Verity Inc \De\)

Contract. “Contract” shall mean any written, written or oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature (except, in each case, ordinary course of business purchase orders).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Zeltiq Aesthetics Inc), Agreement and Plan of Merger (Zeltiq Aesthetics Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionrepresentation, warranty, deed, purchase order, licensework order, sublicensecommitment, insurance policycovenant, benefit plan or legally binding commitment assurance or undertaking of any nature.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Symyx Technologies Inc), Asset Purchase Agreement (Accelrys, Inc.)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, arrangement, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, terms of service or terms of use, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Silicon Graphics International Corp), Share Purchase Agreement (CaesarStone Sdot-Yam Ltd.)

Contract. “Contract” shall mean any written, oral or other written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warrantydeed, purchase order, license, sublicense, insurance policy, benefit plan order or legally binding commitment or undertaking of any naturewritten undertaking.

Appears in 2 contracts

Samples: Asset Contribution Agreement (Geron Corp), Asset Contribution Agreement (Biotime Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, debenture, indenture, warrant, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan license or sublicense or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Riverbed Technology, Inc.), Agreement and Plan of Merger (Opnet Technologies Inc)

Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, assignment, certificate, purchase order, licenseopen bid, sublicenseoutstanding offer, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Endwave Corp)

Contract. “Contract” shall mean any written, oral or other binding agreement, contract, subcontract, lease, sublease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warranty, purchase orderwarrant, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alcon Inc)

Contract. “Contract” shall mean any written, written or oral or other agreement, contract, subcontract, lease, license, covenant, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger (inContact, Inc.)

Contract. “Contract” shall mean means any writtenagreement, oral or other agreementunderstanding, contract, subcontractdeed, mortgage, lease, understanding, arrangement, instrument, note, option, warranty, purchase ordersublease, license, sublicense, insurance policyinstrument, benefit plan commitment, promise, undertaking or legally other binding commitment arrangement, whether written or undertaking of any natureoral.

Appears in 1 contract

Samples: Intellectual Property Agreement (Vmware, Inc.)

Contract. “Contract” shall mean any written, oral or other legally binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or other legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger And (Websense Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, promise, understanding, instrument, obligation, license, arrangement, instrumentpermit, noteconcession, option, warrantyfranchise, purchase order, licensesales order contract, sublicensenote, bond, warranty, mortgage, indenture, deed of trust, loan, credit agreement, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Perion Network Ltd.)

Contract. “Contract” shall mean means any written, written or oral contract (including unwritten undertakings or other agreement, contractpractices based on any course of dealing), subcontract, agreement, lease, understanding, arrangement, instrumentlicense, note, optionmortgage, warrantyindenture, deed of trust, commitment, sale or purchase order, license, sublicense, insurance policy, benefit plan order and any other instrument or legally binding commitment or undertaking agreement of any naturekind, and any amendments or supplements thereto.

Appears in 1 contract

Samples: Sale and Purchase Agreement (W R Grace & Co)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, warrant, note, debenture, indenture, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gilead Sciences Inc)

Contract. “Contract” shall mean any writtenlegally binding: written agreement, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optioncertificate, warranty, purchase order, license, sublicenseproxy, insurance policy, benefit plan or legally binding commitment or undertaking of any naturecommitment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dot Hill Systems Corp)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, settlement agreement, lease, binding understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature that is legally binding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pegasystems Inc)

Contract. “Contract” shall mean means any written, oral oral, implied, or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature, and shall include, without limitation, arrangements relating to employment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dauphin Technology Inc)

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Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, sublease, understanding, arrangement, instrument, bond, debenture, note, mortgage, indenture, loan, credit agreement, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature, including all amendments, supplements or modifications thereto.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Amgen Inc)

Contract. “Contract” shall mean any written, written or oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aclaris Therapeutics, Inc.)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, settlement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Compellent Technologies Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, license, sublease, sublicense, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Insmed Inc)

Contract. “Contract” shall mean means any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Samples: License Agreement (Comscore, Inc.)

Contract. “Contract” shall mean any written, oral oral, implied or other binding and effective agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, warranty, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, benefit plan or legally plan, commitment, covenant, binding commitment assurance or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Esim LTD)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, purchase order, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Share Purchase Agreement (Applied Materials Inc /De)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature, except in each case, ordinary course of business purchase orders.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Volcano Corp)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, settlement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature, whether express or implied.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Applied Materials Inc /De)

Contract. “Contract” shall mean means any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dova Pharmaceuticals Inc.)

Contract. “Contract” shall mean means any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any naturenature (except, in each case, ordinary course of business purchase orders).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sequenom Inc)

Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, benefit plan or legally binding commitment beneft plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Integrated Surgical Systems Inc)

Contract. “Contract" shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (MIGENIX Inc.)

Contract. “Contract” shall mean any written, written or binding oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan note or legally binding commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Noncompetition and Nonsolicitation Agreement (Palmsource Inc)

Contract. “Contract” shall mean means any written, oral or other agreement, contract, subcontractobligation, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment promise or undertaking (whether written or oral and whether express or implied) that is legally binding, including any amendments, addendum, exhibits, schedules or other documents that form part of any naturethat Contract.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cavalier Homes Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, settlement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policypolicy or benefit plan, benefit plan or in each case which is legally binding commitment or undertaking of any naturebinding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fortress Investment Group LLC)

Contract. “Contract” shall mean any written, oral or other written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (St. Bernard Software, Inc.)

Contract. “Contract” shall mean any written, oral or other binding agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, loan, note, option, warranty, purchase orderwarrant, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Akcea Therapeutics, Inc.)

Contract. “Contract” shall mean any written, written or oral or other agreement, contract, subcontract, lease, understanding, arrangementlicense, instrument, note, optionguaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Verisign Inc/Ca)

Contract. “Contract” shall mean any written, oral or other written agreement, contract, subcontract, grant, funding agreement, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or other legally binding understanding, arrangement, commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Applied Genetic Technologies Corp)

Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, warranty, deed, assignment, power of attorney, certificate, purchase order, licensework order, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Flir Systems Inc)

Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, deed, assignment, power of attorney, purchase order, licensesales order, sublicensework order, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Volcano CORP)

Contract. “Contract” shall mean any written, oral or other legally binding agreement, contract, subcontract, lease, settlement agreement, understanding, arrangementinstrument, instrumentloan, credit agreement, bond, debenture, note, option, warranty, purchase orderwarrant, license, sublicense, insurance policycommitment, benefit plan undertaking or legally binding commitment other arrangement, whether written or undertaking of any natureoral.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stemline Therapeutics Inc)

Contract. “Contract” shall will mean any written, oral or other written (including electronic) agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, warrantyindemnity, assignment, power of attorney, purchase order, licensework order, sublicensecommitment, covenant, mortgage, indenture, lease, plan, insurance policy, benefit plan or legally binding commitment permit, concession, franchise, license, assurance or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lm Funding America, Inc.)

Contract. “Contract” shall mean any written, oral or other legally binding agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger (CinCor Pharma, Inc.)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, note, option, warrant, warranty, purchase order, license, sublicense, insurance policy, benefit plan or other legally binding commitment or undertaking of any naturenature (except, in each case, ordinary course of business purchase orders), and any amendments or supplements thereto.

Appears in 1 contract

Samples: Agreement and Plan of Merger (ConvergeOne Holdings, Inc.)

Contract. “Contract” shall mean any written, oral or other legally binding written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan policy or legally binding commitment or undertaking of any naturenature that is currently effective.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Diamond Foods Inc)

Contract. “Contract” shall mean any legally binding written, oral or other agreement, contract, subcontract, lease, assignment, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding plan, commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Borland Software Corp)

Contract. “Contract” shall mean any written, written or oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, warrantyindemnity, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, benefit plan or legally binding plan, commitment or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Momenta Pharmaceuticals Inc)

Contract. “Contract” shall mean any written, oral or other agreement, contract, subcontract, leaseagreement, understanding, arrangement, instrumentcommitment, note, optionbond, warrantymortgage, purchase orderindenture, lease, license, sublicense, insurance policy, benefit plan sublicense or legally other instrument or binding commitment arrangement or undertaking understanding of any naturekind or character, whether oral or in writing.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cypress Semiconductor Corp /De/)

Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, warranty, deed, assignment, power of attorney, purchase order, license, sublicensework order, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Samples: Put/Call Agreement (Planetout Inc)

Contract. “Contract” shall mean any written, oral oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, purchase orderdeed, licenseassignment, sublicensepower of attorney, certificate, insurance policy, benefit plan or legally binding commitment plan, commitment, covenant or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Planetout Inc)

Contract. “Contract” shall mean means any written, oral or other currently effective and legally binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Versant Corp)

Contract. “Contract” shall mean any written, oral oral, implied or other legally binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, optionguaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, license, sublicensework order, insurance policy, policy or benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Asset Purchase Agreement (Fairmarket Inc)

Contract. The term "Contract" shall mean any writtenplan, oral or other agreement-------- program, contract, subcontractarrangement, lease, commitment, understanding, arrangement, instrument, note, option, warrantysales order, purchase order, agreement, indenture, mortgage, note, bond, right, warrant, instrument, plan, permit or license, sublicensewhether written or verbal, insurance policy, benefit plan which is intended or legally purports to be binding commitment and enforceable or undertaking of which is offered to any naturePerson and acted upon or relied upon by such Person.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Four Media Co)

Contract. “Contract” shall mean any legally binding written, oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cysive Inc)

Contract. “Contract” shall mean means any written, oral or other written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or other legally binding commitment or undertaking of any naturecommitment.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Blue Martini Software Inc)

Contract. “Contract” shall mean any written, written or oral or other binding agreement, contract, subcontract, lease, understanding, arrangementinstrument, instrumentbond, debenture, loan, credit agreement, note, option, warranty, purchase orderwarrant, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any natureundertaking.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alder Biopharmaceuticals Inc)

Contract. “Contract” shall mean means any written, oral or other agreement, written contract, subcontract, lease, understanding, arrangement, instrument, note, option, warranty, purchase order, license, sublicense, insurance policy, benefit plan or legally binding commitment or undertaking of any nature, and, with respect to the Company, to which the Company is a party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rapid7, Inc.)

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