Material Transactions with Affiliates. Except as disclosed herein and in the Company Reports, there exists no material contract, agreement, or arrangement between the Company and any person who was at the time of such contract, agreement, or arrangement an officer, director, or person owning of record or known by the Company to own beneficially any common stock of the Company and which is to be performed in whole or in part after the date hereof or was entered into not more than three (3) years prior to the date hereof.
Material Transactions with Affiliates. The Company shall not, nor shall it permit any of its Subsidiaries to, enter into, renew, extend or be a party to, any material transaction or series of related material transactions (including, without limitation, the purchase, sale, lease, transfer or exchange of property or assets of any kind or the rendering of services of any kind) with any affiliate, except (i) pursuant to agreements in existence as of the date hereof; (ii) in the ordinary course of business in a manner and to an extent consistent with past practice and necessary or desirable for the prudent operation of its business, for fair consideration and on terms no less favorable to it or its Subsidiaries than would be obtainable in a comparable arm's length transaction with a Person that is not an affiliate thereof; or (iii) any transaction completed with Xxxxxxxxx X. Xxxxxxxxx and/or his affiliates.
Material Transactions with Affiliates. The Company shall not, nor shall it permit any of its Subsidiaries to, enter into, renew, extend or be a party to, any material transaction or series of related material transactions (including, without limitation, the purchase, sale, lease, transfer or exchange of property or assets of any kind or the rendering of services of any kind) with any affiliate, except (i) in the ordinary course of business in a manner and to an extent consistent with past practice and necessary or desirable for the prudent operation of its business, for fair consideration and on terms no less favorable to it or its Subsidiaries than would be obtainable in a comparable arm’s length transaction with a Person that is not an affiliate thereof; or (ii) any transaction completed with Bxxxx Xxxxxx and/or his affiliates.
Material Transactions with Affiliates. Except as disclosed herein and in the Swift Reports, there exists no material contract, agreement, or arrangement between Swift and any person who was at the time of such contract, agreement, or arrangement an officer, director, or person owning of record or known by Swift to own beneficially any common stock of Swift and which is to be performed in whole or in part after the date hereof or was entered into not more than three (3) years prior to the date hereof. Neither any officer, director, nor ten percent (10%) stockholder of Swift has, or has had during the last preceding full fiscal year, any known interest in any material transaction with Swift which was material to the business of Swift. Swift has no commitment, whether written or oral, to lend any funds to, borrow any money from, or enter into any other material transaction with any such affiliated person.
Material Transactions with Affiliates. Except as set forth in Schedule 3.17, there are no loans, leases, royalty agreements or other agreements, arrangements or other transactions, which are material to the business, operations, or financial condition of any of the Borrowers, between (a) any of the Borrowers, and (b)(i) any of its respective customers or suppliers, or (ii) any Affiliate. All transactions described in Schedule 3.17 between any of the Borrowers and an Affiliate which is not one of the Borrowers comply with the proviso set forth in Section 6.10.
Material Transactions with Affiliates. Except as disclosed herein and in the HASH Reports, there exists no material contract, agreement, or arrangement between HASH and any person who was at the time of such contract, agreement, or arrangement an officer, director, or person owning of record or known by HASH to own beneficially any common stock of HASH and which is to be performed in whole or in part after the date hereof or was entered into not more than three (3) years prior to the date hereof. Neither any officer, director, nor ten percent (10%) stockholder of HASH has, or has had during the last preceding full fiscal year, any known interest in any material transaction with HASH which was material to the business of HASH. HASH has no commitment, whether written or oral, to lend any funds to, borrow any money from, or enter into any other material transaction with any such affiliated person.
Material Transactions with Affiliates. Except as disclosed herein and in the ADI Reports, there exists no material contract, agreement, or arrangement between ADI and any person who was at the time of such contract, agreement, or arrangement an officer, director, or person owning of record or known by ADI to own beneficially any common stock of ADI and which is to be performed in whole or in part after the date hereof or was entered into not more than three (3) years prior to the date hereof. Neither any officer, director, nor ten percent (10%) stockholder of ADI has, or has had during the last preceding full fiscal year, any known interest in any material transaction with ADI which was material to the business of ADI. ADI has no commitment, whether written or oral, to lend any funds to, borrow any money from, or enter into any other material transaction with any such affiliated person.
Material Transactions with Affiliates. 3.7.1 That save for that set forth in the annexed schedule, marked Document ‘D’, there are no other material contracts, agreements, or arrangements between the Company and any predecessor and any person who was at the time of such contract, agreement, or arrangement an officer, director, or person owning of record, or known by the Company to own beneficially, five percent (5%) or more of the issued and allotted share capital of the Company and which is to be performed in whole or in part after the date hereof. In all of such transactions, the amount paid or received, whether in cash, in services, or in kind, is, had been during the full term thereof, and is required to be during the unexpired portion of the term thereof, no less favourable to the Company than terms available from otherwise unrelated parties in arm’s length transactions.
Material Transactions with Affiliates. Except as disclosed herein and in the Numbeer Reports, there exists no material contract, agreement, or arrangement between Numbeer and any person who was at the time of such contract, agreement, or arrangement an officer, director, or person owning of record or known by Numbeer to own beneficially any common stock of Numbeer and which is to be performed in whole or in part after the date hereof or was entered into not more than three (3) years prior to the date hereof. Neither any officer, director, nor ten percent (10%) stockholder of Numbeer has, or has had during the last preceding full fiscal year, any known interest in any material transaction with Numbeer which was material to the business of Numbeer. Numbeer has no commitment, whether written or oral, to lend any funds to, borrow any money from, or enter into any other material transaction with any such affiliated person.
Material Transactions with Affiliates. Set forth in Schedule 1.15, attached hereto, is a description of every material contract, agreement, or arrangement between Digifonica and any predecessor and any person who was at the time of such contract, agreement, or arrangement an officer, director, or person owning of record, or known by Digifonica to own beneficially, five percent (5%) or more of the issued and outstanding capital stock of Digifonica and which is to be performed in whole or in part after the date hereof or which was entered into not more than three years prior to the date hereof. In all of such transactions, the amount paid or received, whether in cash, in services, or in kind, is, had been during the full term thereof, and is required to be during the unexpired portion of the term thereof, no less favorable to Digifonica than terms available from otherwise unrelated parties in arm’s length transactions. Except as disclosed in Schedule 1.15, attached hereto, or otherwise disclosed herein, no officer, director, or five percent (5%) shareholder of Digifonica has had any interest, direct or indirect, in any material transaction with Digifonica. There are no commitments by Digifonica, whether written or oral, to lend any funds to, borrow any money from, or enter into any other material transaction with, any such affiliated person.
