The patents, software, trademarks, service marks, copyrights, trade names and trade secrets, if any, registered in the name of or owned or used by or licensed to the Company or Tcomt and applications for any thereof (hereinafter the "Intangibles") are described or referenced in Schedule 4.17.
Except as described in Schedule 4.26, the assets of the Company and Tcomt are, and together with the additional assets to be acquired or otherwise received by the Company or Tcomt prior to the Closing, will at the Closing Date be, sufficient in all material respects to carry on the operations of the Business as now conducted by Tcomt.
The Company and the Seller certify that neither the Company, Tcomt nor any of their Subsidiaries has been designated, and is not owned or controlled, by a "suspected terrorist" as defined in Executive Order 13224.
Such other key members of management of Tcomt as Seller and the Purchaser shall designate shall enter into employment or consulting agreements with Tcomt, on terms acceptable to the Purchaser.
Except as described in Schedule 4.31, all transactions during the past five(5) years between the Company or Tcomt and any current or former shareholder or any entity in which the Company or Tcomt or any current or former shareholder had or has a direct or indirect interest have been fair to the Company or Tcomt, respectively, as determined by the Board of Directors.