Common use of Subco Clause in Contracts

Subco. Subco shall be validly subsisting and in good standing under the DGCL immediately prior to the Merger. Apogee covenants and agrees that Subco shall not carry on any business, shall not enter into any contracts, agreements, commitments, indentures or other instruments prior to the Closing Date other than as required to effect the Merger.

Subco. Subco shall be validly subsisting and in good standing under the DGCL immediately prior to the Merger. Apogee Caracara covenants and agrees that Subco shall not carry on any business, shall not enter into any contracts, agreements, commitments, indentures or other instruments prior to the Closing Date other than as required to effect the Merger.

Subco. Subco shall be validly subsisting and in good standing under the DGCL immediately prior to the Merger. Apogee FogChain covenants and agrees that Subco shall not carry on any business, shall not enter into any contractsContracts, agreements, commitments, indentures or other instruments prior to the Closing Date other than as required to effect the Merger and shall be debt free as of the time of the Merger.

Subco. Subco shall be validly subsisting and in good standing under the DGCL immediately prior to the Merger. Apogee Purchaser covenants and agrees that Subco shall not carry on any business, shall not enter into any contracts, agreements, commitments, indentures or other instruments prior to the Closing Date other than as required to effect the Merger and shall be debt free as of the time of the Merger.