Common use of Equipment; Leasehold Clause in Contracts

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conducted.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Quantumsphere, Inc.), Amended and Restated Agreement (Quantumsphere, Inc.), Agreement and Plan of Merger (Quantumsphere, Inc.)

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Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conducted.

Appears in 6 contracts

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

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are Acquired Companies are, taken as a whole, adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conducted.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Acquicor Technology Inc), Agreement and Plan of Merger (Conexant Systems Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Corporations are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business respective Acquired Corporations in the manner in which such business is currently being conducted.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Wind River Systems Inc), Ebay Inc

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s Company business in the manner in which such business is currently being conducted.

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.)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company and the Subsidiaries are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), and are adequate for the conduct of the Company’s and the Subsidiaries’ respective business in the manner in which such business is currently being conducted.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Xse, LLC), Subscription Agreement (Xhibit Corp.)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conducted.

Appears in 2 contracts

Samples: Merger Agreement (Bluephoenix Solutions LTD), Agreement and Plan of Merger (Bluephoenix Solutions LTD)

Equipment; Leasehold. (a) 5.8.1. All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s 's business in the manner in which such business is currently being conducted.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ge Capital Equity Investments Inc), Agreement and Plan of Merger (Viryanet LTD)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Seller or any Subsidiary (i) are adequate for the uses to which they are being put, are in good operating condition put and repair in all material respects (ordinary wear and tear excepted), and ii) are adequate for the conduct of the CompanySeller’s business in the manner in which such business is currently being conducted and as it is proposed to be conducted.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Discovery Partners International Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Corporations are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s Acquired Corporations' business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Vitria Technology Inc)

Equipment; Leasehold. (a) All material The Company has good and marketable title to, or in the case of leased property and assets has valid leasehold interests in, all items of equipment and other tangible assets owned by or leased to each of the Company it and all such items are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conductedBusiness.

Appears in 1 contract

Samples: Asset Purchase Agreement (Eci Telecom LTD/)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Companies are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s Companies' business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Affiliate Agreement (Ebay Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, Acquired Companies are in good operating condition and repair in all material respects (ordinary wear and tear excepted), and are adequate for the conduct of the Company’s business of the Acquired Companies in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Registration Rights Agreement (Cavium Networks, Inc.)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Corporations are reasonably adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Siebel Systems Inc)

Equipment; Leasehold. (a) 5.8.1. All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Viryanet LTD)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conductedconducted and Currently Proposed to be Conducted.

Appears in 1 contract

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

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Parent and Merger Sub are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business of the Parent and Merger Sub in the manner in which such business is currently being conducted.

Appears in 1 contract

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

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Corporations are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s Acquired Corporation's business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Electronics for Imaging Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Companies are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s Acquired Companies business in the manner in which such business is currently being conducted.

Appears in 1 contract

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

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Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in reasonably good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s 's business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sorrento Networks Corp)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of to, and necessary for the operation of, the Company are adequate for the uses to which they are being put, are in good operating and safe condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business businesses of the Company in the manner in which such business is currently being conducted. A fixed asset listing setting forth the same is set forth in Part 3.11(a) of the Company Disclosure Schedule.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Raven Industries Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Escrow Agreement (Copper Mountain Networks Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business in the manner in which such business is currently being conducted and as currently proposed to be conducted.

Appears in 1 contract

Samples: Asset and Share Purchase Agreement (Elbit Vision Systems LTD)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of to, and necessary for the operation of, the Company Entities are adequate for the uses to which they are being put, are in good operating and safe condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business businesses of the Company Entities in the manner in which such business is businesses are currently being conducted.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Creative Realities, Inc.)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company or its Subsidiaries are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business of the Company or its Subsidiaries in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Photon Dynamics Inc)

Equipment; Leasehold. (a) All To their Knowledge, all material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s 's business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Purchase Agreement (Quokka Sports Inc)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets property owned by or leased to each of the Company Acquired Corporation are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business of the Acquired Corporation in the manner in which such business is currently being conducted.

Appears in 1 contract

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

Equipment; Leasehold. (a) All material items of equipment and other material tangible assets owned by or leased to each of the Company and which are currently used by the Company in its ordinary course of business are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s 's business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Stock Purchase Agreement (Isonics Corp)

Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company and the Subsidiary are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s and the Subsidiary’s business in the manner in which such business is currently being conducted.

Appears in 1 contract

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

Equipment; Leasehold. (a) All material items of The equipment and other tangible assets owned by or leased to each of the Company are by Conduct and Subsidiary is, taken as a whole, adequate for the uses to which they are it is being put, are is in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are is adequate for the conduct of the Company’s Conduct's business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Registration Rights Agreement (Mercury Interactive Corporation)

Equipment; Leasehold. (a) All material items of equipment and other material tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s 's business in the manner in which such business is currently being conducted.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Placeware Inc)

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