Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):
Appears in 30 contracts
Samples: Arrangement Agreement and Plan of Merger (Yerbae Brands Corp.), Agreement and Plan of Merger (Scott's Liquid Gold - Inc.), Agreement and Plan of Merger (GameSquare Holdings, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):mean:
Appears in 30 contracts
Samples: Implementation Agreement, Agreement and Plan of Merger (Volcano Corp), Agreement and Plan of Merger (Volcano Corp)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries is a party or any of the respective by which it or its assets are bound (excluding any Leases):bound:
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Quantum Corp /De/), Stockholder Voting Agreement (Navteq Corp), Agreement and Plan of Merger (Storage Technology Corp)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):
Appears in 9 contracts
Samples: Agreement and Plan of Merger (IMAC Holdings, Inc.), Agreement and Plan of Merger (Theralink Technologies, Inc.), Agreement and Plan of Merger (International Baler Corp)
Material Contracts. (a) For all purposes of and under this Agreement, a “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries is a party or by which any assets of the Company or any of the respective assets its Subsidiaries are bound (excluding any Leases):as of the date of this Agreement:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Rouse Properties, Inc.), Agreement and Plan of Merger (Brookfield Asset Management Inc.), Agreement and Plan of Merger (Roundy's, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries is a party or by which any of the respective their assets are bound (excluding any Leases):bound:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (Answers CORP), Agreement and Plan of Merger (McAfee, Inc.)
Material Contracts. For purposes of this Agreement, “"Company Material Contract” " shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Nitro Petroleum Inc.), Agreement and Plan of Merger (Core Resource Management, Inc.), Agreement and Plan of Merger (Nitro Petroleum Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective its assets are bound (excluding any Leases):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Acquired Sales Corp), Tender and Voting Agreement (Computer Software Innovations, Inc.), Agreement and Plan of Merger (Ebix Inc)
Material Contracts. (a) For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries Subsidiary is a party or any of the respective their assets are bound (excluding any Leases):bound:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Strobeck Matthew), Securities Purchase Agreement (Feinberg Family Trust), Securities Purchase Agreement (Vermillion, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries Subsidiary is a party or by which any of the respective their assets are bound (excluding any Leases):bound:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Harmonic Inc), Agreement and Plan of Merger (Scopus Video Networks Ltd.), Agreement and Plan of Merger (Scopus Video Networks Ltd.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the their respective assets are bound (excluding any Leases):
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Golden Enterprises Inc), Agreement and Plan of Merger (Baldwin Technology Co Inc), Agreement and Plan of Merger (Tasty Baking Co)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):Leases and Company Employee Plans), as of the date of this Agreement:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Icon PLC), Agreement and Plan of Merger (Icon PLC), Agreement and Plan of Merger (PRA Health Sciences, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries is a party or any of the respective by which it or its assets are bound (excluding any Leases):bound:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Quantum Corp /De/), Agreement and Plan of Merger (Navteq Corp), Agreement and Plan of Merger (Isco International Inc)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries is a party or any of the respective by which it or its assets are bound (excluding bound, but shall not include any Leases):Company Employee Plan, International Employee Plan or any Employee Agreement:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sun Microsystems, Inc.), Agreement and Plan of Merger (Seebeyond Technology Corp)
Material Contracts. (a) For purposes of this Agreement, a “Company Material Contract” shall mean any of the following agreements to which the Company or any of its Subsidiaries is a party to or any of the respective assets are bound (excluding any Leases):is bound:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clearwater Paper Corp), Agreement and Plan of Merger (Cellu Tissue Holdings, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or Opco LLC or any of its their respective Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):
Appears in 2 contracts
Samples: Merger Agreement (Chicken Soup for the Soul Entertainment, Inc.), Merger Agreement (Redbox Entertainment Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding bound, in each case other than any LeasesCompany Benefit Plan that is not described in Section 4.15(a)(i):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Randstad North America, L.P.), Agreement and Plan of Merger (SFN Group Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries is a party or by which the Company or any of the respective its Subsidiaries or any of their assets are bound (excluding any Leases):bound:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cybersource Corp), Agreement and Plan of Merger (Visa Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any LeasesCompany Employee Plans or any purchase order entered into in the ordinary course of business consistent with past practice):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Us Ecology, Inc.), Agreement and Plan of Merger (NRC Group Holdings Corp.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets or properties are bound (excluding any Leases):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Apex Global Brands Inc.), Agreement and Plan of Merger (Apex Global Brands Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Midwest Holding Inc.), Agreement and Plan of Merger (GB Aero Engine Merger Sub Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or by which any of the respective assets of the Company or any of its Subsidiaries are bound (excluding any Leases):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Real Goods Solar, Inc.), Agreement and Plan of Merger (Real Goods Solar, Inc.)
Material Contracts. (a) For purposes of this Agreement, “Company "Material Contract” " shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):bound:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Emergent Group Inc/Ny), Agreement and Plan of Merger (Universal Hospital Services Inc)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following Contracts to which the Company or any of its Subsidiaries is a party or by which the Company, any of the its Subsidiaries or any of their respective assets or properties are bound (excluding any LeasesStore Leases and excluding any Contract or agreement solely between or among the Company and/or one or more of its Subsidiaries):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Charming Shoppes Inc), Agreement and Plan of Merger (Ascena Retail Group, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean any of the following to which Contracts of the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):Subsidiaries:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Palm Inc), Agreement and Plan of Reorganization (Palm Inc)
Material Contracts. (a) For purposes of this Agreement, a “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries subsidiaries is a party or any of the respective assets are bound (excluding any Leases):party:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Elizabeth Arden Inc), Agreement and Plan of Merger (Revlon Inc /De/)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective its assets are bound (excluding any Leases):bound:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Liquid Media Group Ltd.)
Material Contracts. For purposes of this Agreement, “"Company Material Contract” " shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “"Company Material Contract” " shall mean any of the following to which the Company or any of its Subsidiaries is a party or any of the respective by which it or its assets are bound (excluding any Leases):and which is in effect on the date hereof:
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean (together with each Government Contract required to be set forth in Section 4.20(a) of the Company Disclosure Letter) the following (excluding any Company Employee Plan) to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Iec Electronics Corp)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the its respective assets are bound (excluding any Leases):
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean means the following Contracts to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):bound:
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Avalo Therapeutics, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):bound:
Appears in 1 contract
Samples: Agreement and Plan of Merger (White River Energy Corp.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):), in each case that are still in effect:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Research Pharmaceutical Services, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean means any of the following to which the Company or any of its Subsidiaries is a party or by which the Company or any of the respective its Subsidiaries or any of their assets are bound (excluding any Leases):bound, in each case as of the date of this Agreement:
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the their respective properties or assets are is bound (excluding any Leases):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Vidler Water Resources, Inc.)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following means any Contract to which the Company or any of its Subsidiaries is a party or any is bound by as of the respective assets are bound (excluding any Leases):date hereof that:
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean means any of the following Contracts to which the Company or any of its Subsidiaries the Subsidiary is a party or any of the respective assets are bound (excluding any Leases):by which it is bound:
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or by which any of the their respective assets are bound (excluding any Leases):
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding in any Leasescase any Contract that has expired or terminated in accordance with its terms or otherwise under which no party has any continuing rights or obligations):
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “Company Material Contract” "COMPANY MATERIAL CONTRACT" shall mean any of the following to which the Company or any of its Subsidiaries is a party or any of the respective by which it or its assets are bound (excluding any Leases):bound:
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “"Company Material Contract” " shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Edac Technologies Corp)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):bound:
Appears in 1 contract
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or any of the respective assets are bound (excluding any Leases):bound:
Appears in 1 contract
Samples: Asset Purchase Agreement (White River Energy Corp.)
Material Contracts. (a) For all purposes of and under this Agreement, a “Company Material Contract” shall mean any of the following to which the Company or any of its Subsidiaries is a party or by which any assets of the Company or any of the respective assets its Subsidiaries are bound as of the date of this Agreement (but excluding any LeasesEmployee Plan listed on Section 4.17(a) of the Company Disclosure Letter):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Graftech International LTD)
Material Contracts. For purposes of this Agreement, “Company Material Contract” shall mean the following to which the Company or any of its Subsidiaries is a party or by which the Company, any of the its Subsidiaries or any of their respective assets are bound (excluding any Leases):
Appears in 1 contract
