Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 21 contracts
Samples: Share Exchange Agreement (WebXU, Inc.), Share Exchange Agreement (WebXU, Inc.), Agreement and Plan of Reorganization (PDF Solutions Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 19 contracts
Samples: Acquisition Agreement (Cisco Systems Inc), Agreement and Plan of Merger and Reorganization (E-Medsoft Com), Agreement and Plan of Merger and Reorganization (Tender Loving Care Health Care Services Inc/ Ny)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 8 contracts
Samples: Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp), Agreement and Plan of Reorganization (Avant Corp), Stock Purchase Agreement (Aig Latin America Equity Partners LTD)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Entorian Technologies Inc), Agreement and Plan of Merger (Sigmatel Inc), Asset Purchase Agreement (Timeline Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Alpha Security Group CORP), Agreement and Plan of Merger (Ellie Mae Inc), Agreement and Plan of Merger (Alyst Acquisition Corp.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (Saflink Corp), Agreement and Plan of Merger and Reorganization (SP Holding CORP), Agreement and Plan of Merger and Reorganization (SP Holding CORP)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course of business consistent with past practice;
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Convio, Inc.), Agreement and Plan of Merger (Adventrx Pharmaceuticals Inc), Agreement and Plan of Merger (Convio, Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course of business consistent with past practice;.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (INPHI Corp), Agreement and Plan of Merger (INPHI Corp), Agreement and Plan of Merger (Green Dot Corp)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Fogdog Inc), Purchase Agreement (Naviant Inc), Purchase Agreement (Naviant Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Cybercash Inc), Agreement and Plan of Reorganization (E Piphany Inc), Agreement and Plan of Merger (Fullnet Communications Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Zygo Corp), Agreement and Plan of Reorganization (Bio Technology General Corp), Asset Purchase Agreement (Act Networks Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except in the ordinary course of business business, consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc), Agreement and Plan of Reorganization (Digitalpreviews Com Inc), Agreement and Plan of Reorganization (Intraop Medical Corp)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Cacheflow Inc), Agreement and Plan of Merger (Lam Research Corp), Agreement and Plan of Merger (Lam Research Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Share Exchange (Cellegy Pharmaceuticals Inc), Merger Agreement and Plan of Reorganization (Photo Control Corp), Merger Agreement (Ashford Com Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Maxtor Corp), Agreement and Plan of Reorganization (Wachtel Harry M), Agreement and Plan of Reorganization (Autoinfo Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are materialassets, individually or in the aggregate, material to its business, taken as a whole, business except sales of inventory in the ordinary course of business business, consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Us Dry Cleaning Corp), Master Purchase Agreement (Us Dry Cleaning Corp), Agreement and Plan of Merger (Us Dry Cleaning Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Stock Purchase Agreement (Emcon), Agreement and Plan of Reorganization (Fonix Corp), Agreement and Plan of Reorganization (Emcon)
Dispositions. Sell, lease, license or otherwise dispose ------------ of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Shareholder Agreement (Credence Systems Corp), Shareholder Agreement (Integrated Measurement Systems Inc /Or/), Shareholder Agreement (Credence Systems Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are materialmaterial to its business, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Services Agreement (Netratings Inc), Services Agreement (Netratings Inc), Agreement and Plan of Reorganization (Netratings Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Novellus Systems Inc), Agreement and Plan of Reorganization (Speedfam Ipec Inc), Stock Purchase Agreement (Cisco Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, business except in the ordinary course of business consistent with past practicebusiness;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Cardiometrics Inc), Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Endosonics Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets (other than Target Intellectual Property) which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (I2 Technologies Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Flir Systems Inc), Agreement and Plan of Merger and Reorganization (Pixelworks Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to the business of Company and its business, Subsidiaries (taken as a whole), except in the ordinary course of business consistent with past practicepractice and except for the sale of real estate owned in accordance with current policies of Company with respect thereto;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (E Trade Group Inc), Agreement and Plan of Merger and Reorganization (E Trade Group Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, whole except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Uproar Inc), Agreement and Plan of Merger and Reorganization (Crossroads Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than sales of inventory in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Silicon Laboratories Inc), Agreement and Plan of Merger (Silicon Laboratories Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales, leases, licenses or other dispositions of products in the ordinary course of business consistent with past practicebusiness;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bea Systems Inc), Agreement and Plan of Merger (Plumtree Software Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber ------------ any of its properties or assets which are material, material individually or in the aggregate, to it and its business, taken as a whole, except in the ordinary course of business consistent with past practicebusiness;
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Unit Purchase Agreement (Rapidtron Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Data Measurement Corp), Stock Purchase Agreement (NGT Enterprises Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Softnet Systems Inc), Agreement and Plan of Reorganization (PLX Technology Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course Ordinary Course of business consistent with past practiceBusiness;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Stratasys Inc), Agreement and Plan of Merger (Intermec, Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practicebusiness;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Predictive Systems Inc), Agreement and Plan of Reorganization (Predictive Systems Inc)
Dispositions. Sell, lease, license or otherwise ------------ dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (DentalServ.com), Agreement and Plan of Merger (DentalServ.com)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Execution Copy Option and Asset Purchase Agreement (Ats Medical Inc), Asset Purchase Agreement (Progress Software Corp /Ma)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Stock Purchase Agreement (Mercer Insurance Group Inc), Agreement and Plan of Reorganization (Old Guard Group Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, material individually or in the aggregate, to it and its business, taken as a whole, except in the ordinary course of business consistent with past practicebusiness;
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Convertible Note and Warrant Purchase Agreement (Rapidtron Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Acquisition Agreement (Autobytel Inc), Acquisition Agreement (Autobytel Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its businessthe Company’s and/or any Subsidiary’s businesses, taken as a whole, except other than sales of products in the ordinary course of business consistent with its past practice;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Netsolve Inc), Agreement and Plan of Merger (Cisco Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Legato Systems Inc), Agreement and Plan of Reorganization (Ontrack Data International Inc)
Dispositions. Sell, lease, license license, or otherwise dispose of or encumber any of its their properties or assets which are material, material individually or in the aggregate, to its businessthe STEAG Subsidiaries, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 2 contracts
Samples: Strategic Business Combination Agreement (Steag Electronic Systems GMBH), Strategic Business Combination Agreement (Mattson Technology Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except in the ordinary course Ordinary Course of business Business, consistent with past practice;.
Appears in 2 contracts
Samples: Share Subscription Agreement (Millennium India Acquisition CO Inc.), Share Subscription Agreement (Millennium India Acquisition CO Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholethe Business, except for sales or licenses of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of ------------ or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholewhole except for sales, except leases or licenses of products in the ordinary course of business consistent with past practicebusiness;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its the Company’s business, taken as a wholewhole with its Subsidiaries, except other than sales of products or services in the ordinary course of business consistent with its past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a wholeexcept, except in the case of the Company, in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of ------------ or encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Agile Software Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of ------------ or encumber any of its properties or assets which are material, material individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, ; taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Network Appliance Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its material properties or assets which are material, individually or in the aggregate, to its business, taken as a wholematerial assets, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (E Trade Group Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its material properties or assets which are materialassets, individually or in the aggregate, to its business, taken as a whole, except other than sales of inventory in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its the properties or assets which of the Company that are material, individually or in the aggregate, to its the Company’s business, taken as a whole, except other than in the ordinary course of business consistent with past practice;. (v)
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, ; taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cisco Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except business other than in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Ashford Com Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its material properties or assets which are material, individually or in the aggregate, to its businessthe Company Business, taken as a wholeother than non-exclusive licenses or sales of Company Products, except in each case, in the ordinary course of business consistent with past practice, and other than dispositions of immaterial equipment no longer used in the Company Business;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course of business consistent with past practicebusiness;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Interference Agreement (Genesys Telecommunications Laboratories Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except other than in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Vignette Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Voting Agreement (Verticalbuyer Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholewhole except for sales, except leases or licenses of products in the ordinary course of business consistent with past practicebusiness;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Sandpiper Networks Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cisco Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, whole except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Multex Com Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course of business consistent with past practicepractice or, in the case of Acquirer, as contemplated by existing agreements between Acquirer and Clearlake or its affiliates;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholewhole except for sales, except leases or licenses of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its Company’s properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, leaselease (other than in the ordinary course of business), license or otherwise dispose of or encumber any of its tangible properties or tangible assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Applied Nanotech Holdings, Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except for (i) sales of products and services in the ordinary course of business consistent with past practiceor (ii) sales of obsolete or unused equipment;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Covad Communications Group Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except for sales, leases or licenses of products in the ordinary course of business consistent with past practice;business; or
Appears in 1 contract
Samples: Agreement and Plan of Merger (Western Wind Energy Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its their properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practiceBusiness;
Appears in 1 contract
Samples: Business Acquisition Agreement (China Medical Technologies, Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Ivillage Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except for sales, leases or licenses of products in the ordinary course of business consistent with past practice;business; or
Appears in 1 contract
Samples: Agreement and Plan of Merger (Zond Panaero Windsystem Partners I)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except for dispositions in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Rational Software Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are materialMaterial, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course Ordinary Course of business consistent with past practice;Business.
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose ------------ of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Gasonics International Corp)
Dispositions. Sell, Sell lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its and its business, taken as a whole, except for Permitted Liens or in the ordinary course Ordinary Course of business consistent with past practiceBusiness;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Mdsi Mobile Data Solutions Inc /Can/)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its the Company’s properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Option and Purchase Agreement (Netfabric Holdings, Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to the business of Company and its business, Subsidiaries (taken as a whole), except in the ordinary course of business consistent with past practicepractice and except for the sale of real estate owned in accordance with current policies of Company with respect thereto;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to the Company’s and/or any of its businessSubsidiaries’ businesses, taken as a whole, except other than sales of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Scientific Atlanta Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales or licenses of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except for sales of inventory in the ordinary course of business consistent with past practicebusiness;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Packeteer Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a wholewhole , except other than in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Goamerica Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its businessthe Business, taken as a whole, except other than sales and non-exclusive licenses of Company Products in the ordinary course of business substantially consistent with past practicepractice or enter into any Contract with respect to the foregoing;
Appears in 1 contract
Dispositions. Sell, lease, license lease or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Virage Logic Corp)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Agile Software Corp)
Dispositions. Sell, assign, transfer, convey, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its the Company’s business, taken as a whole, except other than sales of products in the ordinary course of business consistent with its past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material(including without limitation, any Owned Real Property and any real property subject to Lease Agreements), individually or in the aggregate, material to its businessbusiness except, taken as a wholein each case, except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its the properties or assets which of the Company that are material, individually or in the aggregate, to its the Company’s business, taken as a whole, except other than in the ordinary course of business consistent with past practice;. (vii)
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Dispositions. Sell, lease, license or otherwise dispose ------------ of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
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Samples: Agreement and Plan of Reorganization (Measurex Corp /De/)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which that are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except sales or licenses of product or inventory in the ordinary course of business and consistent with past practice;
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Dispositions. Sell, lease, license or otherwise dispose ------------ of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and, if applicable, its Subsidiaries', business, taken as a whole, except in the ordinary course of business consistent with past practice;
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Samples: Agreement and Plan of Reorganization (Loudeye Technologies Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its the Business’s properties or assets which are material, individually or in the aggregate, to its businessthe Business, taken as a whole, except other than Inventory or the sale of Securitization Receivables in the ordinary course of business consistent with past practicecourse;
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Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, except other than pursuant to commitments in place on the ordinary course of business consistent date hereof, or with past practicerespect to capital expenditures permitted by paragraph (h) below;
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Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;; (f)
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Samples: Agreement and Plan of Reorganization (Rational Software Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its businessthe Business, taken as a whole, except other than sales and non-exclusive licenses of Company Products in the ordinary course of business consistent with past practice;
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Dispositions. Sell, assign, transfer lease, sublease, license or otherwise dispose of or encumber any of its real property or any of its other properties or assets which are materialassets, material to its business, individually or in the aggregate, to its business, taken as a whole, except for dispositions in the ordinary course of business consistent with past practice;
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Samples: Agreement and Plan of Merger (Amicus Therapeutics Inc)
Dispositions. Sell, lease, license or otherwise dispose of or materially encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
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Samples: Agreement and Plan of Merger (Staktek Holdings Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except in the ordinary course of business consistent with past practice;
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