Common use of No Pending Transactions Clause in Contracts

No Pending Transactions. Except for the transactions ------------------------- contemplated by this Agreement, Xxxxx is not a party to or bound by or the subject of any agreement, undertaking, commitment or discussions or negotiations with any person that could result in (i) the sale, merger, consolidation or recapitalization of Xxxxx or any of its Subsidiaries or material investees, (ii) the sale of all or substantially all of the assets of Xxxxx or any of its Subsidiaries, or (iii) a change of control of more than five percent of the outstanding capital stock of Xxxxx or any of its Subsidiaries.