Summary Schedule Clause Samples

Summary Schedule. Disclosure Schedule 9.9 contains a list of the following agreements of the Group Companies under which, as of the Signing Date, any primary contractual obligation (primäre Hauptleistungspflicht) or any contingent or other obligation (including indemnity obligations) has not yet been fulfilled (the “Material Agreements”): (a) Credit Agreements of any Group Company, as obligor, with any Person other than relating to any intercompany loan agreements with any Group Company, Seller or Sellers’ Affiliate, including any bonds, notes or other instruments evidencing financial indebtedness of any Group Company, in each case with an outstanding amount (including interest) on the Signing Date in excess of EUR 5,000,000; (b) Guarantees, suretyships, letters of comfort, performance or warranty bonds and similar instruments issued by any Group Company for any debt of any Person other than a Group Company in an amount of EUR 5,000,000 or more per instrument; (c) Agreements regarding swaps, options, forward sales or purchases, futures and other financial derivatives and combinations thereof involving a potential obligation of a Group Company or notional amount at the Signing Date in excess of EUR 3,000,000 per agreement; (d) Agreements relating to capital expenditures entered into since 31 December, 2005, involving an amount in excess of EUR 5,000,000 per agreement; (e) Agreements for the acquisition or sale of (i) assets, other than inventory or in the ordinary course of business, and (ii) any Interests in Legal Entities or any business enterprises (Betrieb) or parts thereof (Betriebsteil), providing in either case for a consideration of more than EUR 5,000,000 per agreement and entered into since 1 January 2001; (f) Agreements for joint ventures, partnerships, strategic alliances, joint development of products and other forms of cooperation that involved a sharing of profits or losses per agreement during the year 2006 in payments per agreement in excess of EUR 2,500,000, or that involved a sharing of revenues (or profits or losses) per agreement during the year 2006 in excess of EUR 10,000,000, as well as any enterprise agreements within the scope of Sections 291 and 292 AktG in relation to one or more Group Companies; (g) Supply and third-party manufacturing agreements and binding purchase commitments with suppliers of any goods or services, including API supply agreements, but excluding individual purchase orders, that resulted during the year 2006 in a consideration ...