Common use of Reports and Records Clause in Contracts

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Sybase Inc), Agreement and Plan of Merger (Sybase Inc)

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Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s and its Subsidiaries’ possession concerning the Hazardous Materials Activities of the Company and its Subsidiaries relating to its the business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the CompanyBusiness Facility.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Autodesk Inc), Agreement and Plan of Merger (Moldflow Corp)

Reports and Records. The Company has delivered furnished to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all environmental disclosure obligations imposed by any Environmental and Safety Laws with respect to the Merger.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (3com Corp), Agreement and Plan of Merger (Tippingpoint Technologies Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise and in the possession of of, the Company. The Company has complied (or will comply prior to the Closing) with all environmental disclosure obligations imposed by applicable law with respect to the Merger.

Appears in 2 contracts

Samples: Agreement and Plan (Solectron Corp), Agreement and Plan (Centennial Technologies Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s possession concerning the Hazardous Materials Activities of the Company or any of its Subsidiaries relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise Leased Real Property in the possession of the Company. The Company and its Subsidiaries have complied in all material respects with all environmental disclosure obligations imposed by applicable law with respect to this transaction.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pegasystems Inc), Agreement and Plan of Merger (Altiris Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all environmental disclosure obligations imposed by applicable law with respect to the Merger.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Avantgo Inc), Agreement and Plan of Merger (Avantgo Inc)

Reports and Records. The Company has delivered made available to Parent or made available for inspection by Parent all records, reports, orders, investigations, notices, sampling results and its agents, representatives and employees all records other material documents in the Company’s possession concerning (i) the Hazardous Materials Activities of the Company relating to its business the business, (ii) the presence (or absence) of Hazardous Materials at any Business Facility at any time, and (iii) any environmental site assessments or audits of any Business Facility. The Company has complied with all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Companydisclosure obligations imposed by applicable law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Merger (API Technologies Corp.)

Reports and Records. The Company has delivered to Parent or made ------------------- available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company and its subsidiaries relating to its their business and all environmental audits and environmental assessments of any facility Business Facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all environmental disclosure obligations imposed by applicable law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cobalt Networks Inc)

Reports and Records. The Company has delivered furnished to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Company's material obligations pertaining to Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied in all material respects with all environmental disclosure obligations imposed by any Environmental and Safety Laws with respect to the Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kimball International Inc)

Reports and Records. The Company has delivered to Parent or made ------------------- available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility Business Facility conducted at the request of, or otherwise in the possession of the Company. To its knowledge, the Company has complied with all environmental disclosure obligations imposed by applicable law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Lynuxworks Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and or its agents, representatives and or employees all records in the Company’s possession concerning the Hazardous Materials Material Activities of the Company and its Subsidiaries relating to its their business and all environmental audits and environmental assessments of any facility Real Property conducted at the request of, or otherwise in the possession of the CompanyCompany or any Subsidiary.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Staktek Holdings Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all ------------------- records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility property that the Company has ever owned, operated, controlled or leased at any time, conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all environmental disclosure obligations imposed by applicable law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Lantronix Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all material records in the Company’s possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all material environmental disclosure obligations imposed by applicable law with respect to the Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sybase Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees employees, all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all environmental disclosure obligations imposed by applicable law or regulation with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Va Linux Systems Inc)

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Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and audits, environmental assessments of and sampling data related to any facility conducted at Leased Real Property or any property formerly owned, operated, occupied or leased by the request of, Company or otherwise in the possession of the CompanyCompany or its agents. The Company has complied with all environmental disclosure obligations imposed by applicable law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Brocade Communications Systems Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility Business Facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all environmental disclosure obligations imposed by applicable Law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cypress Semiconductor Corp /De/)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility Business Facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all environmental disclosure obligations imposed by applicable law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hi/Fn Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company and its subsidiaries relating to its their business and all environmental audits and environmental assessments of any facility Business Facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied with all environmental disclosure obligations imposed by applicable law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Sun Microsystems Inc)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Extended Systems Inc)

Reports and Records. The Company has delivered made available to Parent or made available for inspection by Parent and its agents, representatives and employees all material records in the Company’s possession concerning the Hazardous Materials Activities of the Company relating to its business and all Environmental Permits, notices of non-compliance or violation of Environmental Laws, and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise assessments. The Company and its Subsidiaries have complied in the possession of the Companyall material respects with all environmental disclosure obligations imposed by applicable law with respect to this transaction.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nuance Communications, Inc.)

Reports and Records. The Company has delivered to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s 's possession concerning the Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the CompanyBusiness Facilities.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Russo Paul M)

Reports and Records. The Company has delivered furnished to Parent or made available for inspection by Parent and its agents, representatives and employees all records in the Company’s possession concerning the Company’s material obligations pertaining to Hazardous Materials Activities of the Company relating to its business and all environmental audits and environmental assessments of any facility conducted at the request of, or otherwise in the possession of the Company. The Company has complied in all material respects with all environmental disclosure obligations imposed by any Environmental and Safety Laws with respect to the Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Reptron Electronics Inc)

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