Common use of Material Contracts Clause in Contracts

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of the following Contracts to which the Company is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 8 contracts

Samples: Asset Purchase Agreement (Soy Energy, LLC), Asset Purchase Agreement (Western Iowa Energy, L.L.C.), Asset Purchase Agreement (Western Iowa Energy, L.L.C.)

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Material Contracts. (a) Section 5.14 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following Contracts Contracts, whether written or oral, to which the Company or any of its Subsidiaries is a party or by which it is bound as of the date of this Agreement (each such Contract listed or its assets or properties are bound (collectivelyrequired to be so listed, the a Company Material ContractsContract”):

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Kbw, Inc.), Agreement and Plan of Merger (Hudson Holding Corp), Agreement and Plan of Merger (Rodman & Renshaw Capital Group, Inc.)

Material Contracts. (a) Company Section 3.13(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following currently effective Contracts (other than the Transaction Documents) to which the a Group Company is a party or by which it or its assets or properties are otherwise bound (collectivelyeach such Contract, the a “Material ContractsContract):) that:

Appears in 5 contracts

Samples: Share Subscription Agreement, Share Subscription Agreement (Sunlands Online Education Group), Share Subscription Agreement (Sunlands Online Education Group)

Material Contracts. (a) Section 4.14(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following Contracts Contracts, whether written or oral, to which the Company or any of its Subsidiaries is a party or by which it is bound as of the date of this Agreement (each such Contract listed or its assets or properties are bound (collectivelyrequired to be so listed, the a Company Material ContractsContract”):

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Energizer Holdings Inc), Agreement and Plan of Merger (Playtex Products Inc), Agreement and Plan of Merger (Energizer Holdings Inc)

Material Contracts. (a) Section 3.1.17 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts contracts to which the Company is a party or by which it or its assets or properties are bound as of the date of this Agreement (collectively, the “Material Contracts”):

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Flow International Corp), Agreement and Plan of Merger (Flow International Corp), Agreement and Plan of Merger (Flow International Corp)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) 4.12 sets forth, by forth (with specific reference to the applicable subsection of this Section 4.13(a), all to which it primarily relates) each of the following Contracts to which the Company is a party or by bound or to which it any of its properties or its assets or properties are bound subject (collectively, the “Material Contracts”):

Appears in 4 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Brightcove Inc), Agreement and Plan of Merger (Athenahealth Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.14(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.14(a), all of the following Contracts to which the Company is and/or the Subsidiaries are a party or by which it the Company and/or the Subsidiaries or its their respective assets or properties are bound (collectively, the “Material Contracts”):

Appears in 4 contracts

Samples: Stock Purchase Agreement (Staffing 360 Solutions, Inc.), Stock Purchase Agreement (Blucora, Inc.), Stock Purchase Agreement (Blucora, Inc.)

Material Contracts. (a) Section 4.10(a) of the Company Disclosure Schedule 4.13(a) sets forthforth a true, by reference to the applicable subsection complete and correct list of this Section 4.13(a), all each of the following Contracts to which the Company is a party or by which it the Company is bound and which have not been entirely fulfilled or its assets or properties are bound performed (such Contracts, collectively, the “Material Contracts”):

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (Planet 13 Holdings Inc.), Membership Interest Purchase Agreement (Planet 13 Holdings Inc.), Membership Interest Purchase Agreement (Planet 13 Holdings Inc.)

Material Contracts. (a) Company Section 4.10(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection forth an accurate and complete list of this Section 4.13(a), all each of the following Contracts to which the Company is a party or by which it or its assets are or properties are may be bound (all such Contracts required to be set forth on Section 4.10(a) of the Disclosure Schedule, collectively, the “Material Contracts”):

Appears in 3 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Gaiam, Inc), Stock Purchase Agreement (Lindblad Expeditions Holdings, Inc.)

Material Contracts. (a) Company Section 4.17(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of lists the following Contracts types of Contracts, together with all amendments, to which the Company or any Company Subsidiary is a party or by which it or its assets or properties are bound as of the date hereof (collectively, such Contracts being the “Company Material Contracts”):

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Vitesse Semiconductor Corp), Agreement and Plan of Merger (Microsemi Corp), Agreement and Plan of Merger (Symmetricom Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.14(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.14(a), all of the following Contracts to which the Company is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Blackhawk Biofuels, LLC), Limited Liability Company Agreement (Blackhawk Biofuels, LLC), Agreement and Plan of Merger (Blackhawk Biofuels, LLC)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company is a party or by which it or its material assets or properties are bound (collectively, the “Material Contracts”):

Appears in 3 contracts

Samples: Purchase Agreement (Banctec Inc), Purchase Agreement (Banctec Inc), Purchase Agreement (Banctec Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company is (each a party or by which it or its assets or properties are bound (“Material Contract” and, collectively, the “Material Contracts”):) to which the Company or any of its Subsidiaries is a party or by which any of them is bound (excluding any Contract covered by Section 4.11(b)(ii)) and which:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Novelis Inc.), Agreement and Plan of Merger (Aleris Corp), Agreement and Plan of Merger (Novelis Inc.)

Material Contracts. (a) Company Section 4.20(a) of the Disclosure Schedule 4.13(a) sets forthforth a list of all Contracts, by reference including all amendments and supplements thereto, to the applicable subsection of this Section 4.13(a), all which any of the following Contracts Purchased Assets are, or the Business is, bound or affected and to which any of the Company AUC Entities is a party or by which it any of the AUC Entities is bound, in each case, in connection with, relating to, or its assets arising out of the Business or properties are bound the Purchased Assets, meeting any of the descriptions set forth below (collectively, collectively referred to herein as the “Material Contracts”):

Appears in 2 contracts

Samples: Asset Purchase Agreement (Devry Inc), Asset Purchase Agreement (Devry Inc)

Material Contracts. (a) Section 4.18 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of lists the following Contracts to which the Company or any Company Subsidiary is a party or by which it or its assets or properties are bound as of the date hereof (collectively, the “Company Material Contracts”):

Appears in 2 contracts

Samples: Agreement and Plan of Merger (National Semiconductor Corp), Agreement and Plan of Merger (Texas Instruments Inc)

Material Contracts. (a) Company Section 4.17(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of lists the following Contracts types of Contracts, together with all amendments, to which the Company or any Company Subsidiary is a party or by which it any of their respective properties, rights or its assets or properties are bound bound, as of the date hereof (collectively, such Contracts being the “Company Material Contracts”):

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Peregrine Semiconductor Corp), Agreement and Plan of Merger (Peregrine Semiconductor Corp)

Material Contracts. (a) Company Schedule 4.18 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all Schedules lists each of the following Contracts and all amendments, modifications and supplements thereto to which the Company is and its Subsidiaries are a party or by which it or its any of their respective properties and assets or properties are bound (collectively, the such Contracts and agreements as described in this Section 4.18(a) being “Material Contracts”):

Appears in 2 contracts

Samples: Stock Purchase Agreement (Satelites Mexicanos Sa De Cv), Stock Purchase Agreement (EchoStar CORP)

Material Contracts. (a) Company Schedule 3.14(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a3.14(a), all of the following Contracts contracts to which the Company is a party to or by which it or any of its assets or properties are bound as of the Agreement Date (collectivelyeach, the a “Material ContractsContract”):

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (890 5th Avenue Partners, Inc.), Membership Interest Purchase Agreement (890 5th Avenue Partners, Inc.)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) 4.10 sets forth, by reference to as of the applicable subsection of this Section 4.13(a)date hereof, all of the following Contracts (other than Xxxxxxxx Leases) to which any member of the Company Group is a party or by which it or its assets or properties are bound (such listed Contracts, collectively, the “Xxxxxxxx Material Contracts”):

Appears in 2 contracts

Samples: Business Combination Agreement (HollyFrontier Corp), Contribution Agreement (Holly Energy Partners Lp)

Material Contracts. (a) Section 4.26 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all contains a complete list of the following Contracts types of Contracts, including all amendments, supplements and modifications, to which the Company or any of its Subsidiaries is a party or by which it or its assets or properties are bound (collectivelysuch Contracts, the “Material Contracts”):

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement (Oncobiologics, Inc.)

Material Contracts. (a) Section 4.14(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following Contracts (other than Company Benefit Plans and other than Contracts with respect to the Company Intellectual Property or Leased Real Property) that is currently in effect to which the Company is a party or by which it or its assets or properties are is bound as of the date of this Agreement (each, a “Company Material Contract” and collectively, the “Company Material Contracts”):

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Turnstone Biologics Corp.), Agreement and Plan of Merger (Entellus Medical Inc)

Material Contracts. (a) Company Section 4.16 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company is a party or by which it or its assets or properties the Company is bound and that are bound related to the Business (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Apollo Medical Holdings, Inc.), Stock Purchase Agreement (Apollo Medical Holdings, Inc.)

Material Contracts. (a) Section 5.12 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), lists all of the following Contracts (other than Real Property Agreements), identified by the appropriate subcategory listed below, in effect as of the date hereof to which the Company is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Rex Energy Corp), Agreement and Plan of Merger (Markwest Energy Partners L P)

Material Contracts. (a) Section 4.9 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company or any of its Subsidiaries is a party other than Loan Agreements or by which it or its assets or properties Lease Agreements that are bound subject to Section 4.19 and other than Company Benefit Plans and Company Employment Agreements that are subject to Section 4.12 (collectivelyeach, the a Company Material ContractsContract”):

Appears in 2 contracts

Samples: Acquisition Agreement and Plan of Merger (EverBank Financial Corp), Acquisition Agreement and Plan of Merger (EverBank Financial Corp)

Material Contracts. (a) Company Section 4.9(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all forth a list of the following types of Contracts (other than any Contracts affecting real property) to which the Company or any of its Subsidiaries is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):otherwise is legally bound:

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Material Contracts. (a) Section 4.10(a) of the Company Disclosure Schedule 4.13(a) sets forth, forth (grouped by reference to the applicable subsection each clause of this Section 4.13(a4.10(a), all of ) the following Contracts to which the Company is a party or by which it or its assets or properties are bound contracts (collectively, along with each Lease and each other contract which is material to the Group Entities, taken as a whole, or the conduct of its business or the absence of which would have a Material Adverse Effect on the Company, "Material Contracts”):") in effect as of the date of this Agreement to which any Group Entity is a party:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Magellan Health Services Inc), Agreement and Plan of Merger (Merit Behavioral Care Corp)

Material Contracts. (a) Company Section 4.16 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of lists the following Contracts contracts to which the any Company Entity is a party or by which it or its assets or properties are bound (collectivelyeach such Contract, including those required to be, but not so, listed on Section 4.16 of the Disclosure Schedule, a “Material ContractsContract”):

Appears in 2 contracts

Samples: Stock Purchase Agreement (SMART Global Holdings, Inc.), Stock Purchase Agreement (Advanced Energy Industries Inc)

Material Contracts. (ai) Section 5.1(j) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection forth a true and complete list of this Section 4.13(a), all each of the following Contracts to which the Company or any of its Subsidiaries is a party or by which it or its assets or properties are is otherwise bound as of the date hereof (collectively, such Contracts being the “Material Contracts”):

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Medicis Pharmaceutical Corp), Agreement and Plan of Merger (Valeant Pharmaceuticals International, Inc.)

Material Contracts. (a) Company Section 3.16(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection subsection, a correct and complete list of this Section 4.13(a), all of the following Contracts to which the any Group Company is a party party, which are currently in effect, of a type listed below (such Contracts, whether or by which it or its assets or properties are bound (collectivelynot listed in Section 3.16(a) of the Disclosure Schedule, hereinafter referred to as the “Material Contracts”):

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Shutterfly Inc)

Material Contracts. (a) Company Section 4.17 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company is a party or by which it or its assets or properties the Company is bound and that are bound related to the Business (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Stock Purchase Agreement (Apollo Medical Holdings, Inc.), Stock Purchase Agreement (Apollo Medical Holdings, Inc.)

Material Contracts. (a) Company Section 4.14(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the any Company Entity is a party or by which it any of them or its their respective assets or of properties are bound (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Equity Interest Purchase Agreement, Equity Interest Purchase Agreement (Cerecor Inc.)

Material Contracts. (a) Company Section 2.13 of the Disclosure Schedule 4.13(a) sets forth, specifically identifies by reference to the applicable subsection of this Section 4.13(a), all of the following Contracts each Contract to which the Company or any of its Subsidiaries is a party or by which it the Company or any of its assets or properties are Subsidiaries is otherwise bound (collectivelythat constitutes a Material Contract, and any amendments thereto. For purposes of this Agreement, each of the following shall be deemed to constitute a “Material ContractsContract)::

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Gray Television Inc), Agreement and Plan of Merger (WEB.COM Group, Inc.)

Material Contracts. (a) Section 4.18(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following Contracts to which contracts and agreements of the Company is a party or by which it or its assets or properties are bound any Subsidiary (collectivelysuch contracts and agreements, together with the Leases, being “Material Contracts”):

Appears in 2 contracts

Samples: Stock Purchase Agreement (Reliance Steel & Aluminum Co), Stock Purchase Agreement (PNA Group, Inc.)

Material Contracts. (a) Section 4.12(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection forth a complete and accurate list of this Section 4.13(a), all of the following binding Contracts to which the any Company Entity is a party or by falling within the following categories and existing as of the date hereof, and in each case excluding any Contracts to which it or its assets or properties only Company Entities are bound party (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Equity Purchase Agreement (Brookfield Business Corp), Equity Purchase Agreement (Cameco Corp)

Material Contracts. (a) Section 4.17(a) of the Company Disclosure Schedule 4.13(aSchedules sets forth a list of all Contracts described in clauses (i) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of the following Contracts to which the Company is a party or by which it or its assets or properties are bound through (collectively, the viii) below (“Material Contracts”):) to which, as of the date of this Agreement, the Company or any of its Subsidiaries is a party. True and complete copies of the Material Contracts listed on Section 4.17(a) of the Company Disclosure Schedules, together with all amendments, modifications or supplements thereto, have been delivered to or made available to Buyer or its Representatives:

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Rentech, Inc.), Membership Interest Purchase Agreement

Material Contracts. (a) Section 5.12(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company is (each a party or by which it or its assets or properties are bound (“Material Contract” and, collectively, the “Material Contracts”):) to which the Company or any of its Subsidiaries is a party or by which any of them is bound (excluding any Contract covered by Section 5.13) and which:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Michael Foods Group, Inc.), Agreement and Plan of Merger (Post Holdings, Inc.)

Material Contracts. (a) Company Section 4.14 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all forth a list of the following Contracts in effect as of the date hereof to which the Company is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Equity Purchase Agreement (Diego Pellicer Worldwide, Inc), Equity Purchase Agreement (Siyata Mobile Inc.)

Material Contracts. (a) Section 4.20(a) of the Company Disclosure Schedule 4.13(a) sets forthlists, by reference to as of the applicable subsection date of this Agreement, each contract or agreement described below in this Section 4.13(a), all of the following Contracts 4.20(a) to which the Company or any of its Subsidiaries is a party to or bound by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Conmed Healthcare Management, Inc.), Agreement and Plan of Merger (Conmed Healthcare Management, Inc.)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all 4.04 of the following Disclosure Schedules lists each of the Contracts (x) by which the Intellectual Property, or any constituent part thereof are obligated or affected or (y) to which the Company Seller is a party or by which it is obligated in connection with the Intellectual Property, or its assets or properties are bound any constituent part thereof (collectively, the “"Material Contracts”):").

Appears in 2 contracts

Samples: Intellectual Property Purchase Agreement (Airborne Wireless Network), Intellectual Property Purchase Agreement (Airborne Wireless Network)

Material Contracts. (ai) Section 5.1(l)(i) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following Contracts Contracts, whether written or oral, to which the Company or any of its Subsidiaries is a party or by which it is bound as of the date of this Agreement (each such Contract listed or its assets or properties are bound (collectivelyrequired to be so listed, the a “Material ContractsContract”):

Appears in 2 contracts

Samples: Agreement and Plan of Merger (JMP Group LLC), Agreement and Plan of Merger (JMP Group LLC)

Material Contracts. (a) As of the date of this Agreement, Section 4.18(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company or any Company Subsidiary is a party or by which it or its are applicable to any of their assets or properties are bound properties, in each case as amended through the date hereof (collectively, the each a “Material ContractsContract”):

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Trammell Crow Co), Agreement and Plan of Merger (Cb Richard Ellis Group Inc)

Material Contracts. (a) Company Section 4.15 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company is a party or by which it or its assets or properties the Company is bound and that are bound related to the Business (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Stock Purchase Agreement (Apollo Medical Holdings, Inc.), Stock Purchase Agreement (Apollo Medical Holdings, Inc.)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.18(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of the following Contracts Disclosure Schedules discloses all material contracts described in clauses (i) through (x) below to which the Company is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Hawkeye Holdings, Inc.), Membership Interest Purchase Agreement (Hawkeye Holdings, Inc.)

Material Contracts. (a) Section 4.12 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to as of the applicable subsection date of this Section 4.13(a)Agreement, all a list of the following Contracts agreements to which the Company or any of its Subsidiaries is a party or by which it or its assets or properties any of them are legally bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Artisan Components Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of 4.15 lists the following Contracts to which the Company or any Subsidiary is a party or subject or by which it or its assets or properties are is bound (collectivelywith the Contracts required to be listed on Schedule 4.14, the “Material Contracts”):

Appears in 1 contract

Samples: Share Exchange Agreement (Chilco River Holdings Inc)

Material Contracts. (a) Section 4.16(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts types of contracts and other agreements (whether written or oral, express or implied) to which the Company is a party or by or to which it the Company, or its assets assets, properties or properties are businesses is bound or subject (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Business Objects S.A.)

Material Contracts. (a) Company Section 4.11(a) of the Disclosure Schedule 4.13(alists the following contracts, commitments and agreements (each a "Material Contract", and collectively the "Material Contracts") sets forth, by reference to in effect as of the applicable subsection date of this Section 4.13(a), all of the following Contracts Agreement to which the Company is a party or by to which it any of its properties or its assets or properties are bound (collectively, the “Material Contracts”):subject:

Appears in 1 contract

Samples: Stock Purchase Agreement (Covance Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.9(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of lists the following Contracts to which the Company is a party or by which it or its assets or properties are bound (collectively, and together with any Contracts concerning IP disclosed in Disclosure Schedule 4.10(a), the “Material Contracts”):

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Liberated Syndication Inc.)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.15(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.15(a), all of the following Contracts to which the Company is a party or by which it the Company or any of its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Purchase and Sale Agreement (Powersecure International, Inc.)

Material Contracts. (a) Section 3.7 of the Company Disclosure Schedule 4.13(a) Schedules sets forth, by reference to the applicable subsection of this Section 4.13(a), all forth a list of the following Contracts to which a Group Company is, as of the Company is date of this Agreement, a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Business Combination Agreement (Proptech Investment Corp. Ii)

Material Contracts. (a) Section 3.7(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all forth each of the following Contracts to which the Company is a party to or by which it or its assets or properties are is bound (collectivelyeach, the a “Material ContractsContract”):

Appears in 1 contract

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

Material Contracts. (a) Section 4.16 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company or any Subsidiary is a party or by which it or its assets or properties are is bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Getty Images Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), 4.13 identifies all of the following Contracts in effect as of the date of this Agreement to which the Company or any Company Subsidiary is a party or by which it the Company or its any Company Subsidiary or their respective assets or properties are otherwise legally bound (each contract disclosed or required to be disclosed on Schedule 4.13, a “Material Contract” and, collectively, the “Material Contracts”):) which:

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (IHS Inc.)

Material Contracts. (a) Company Schedule 5.18(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a5.18(a), all of the following Contracts to which the Company or any of the Subsidiaries is a party or by which it any of them or its their respective assets or of properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Share Purchase Agreement (Warner Electric International Holding, Inc.)

Material Contracts. (a) Company Section 4.15(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.15(a), all of the following Contracts to which any of the Company Acquired Companies or any of their Subsidiaries is a party or by which it any of them or its their assets or properties are bound (collectively, all Contracts listed or required to be listed on Section 4.15(a) of the Disclosure Schedule and together with the Leases, the “Material Contracts”):

Appears in 1 contract

Samples: Purchase and Sale Agreement (Campus Crest Communities, Inc.)

Material Contracts. (a) Company Disclosure Schedule 4.13(aSECTION 4.15(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of the Disclosure Schedules sets forth the following Contracts to which contracts, arrangements and understandings ("contracts") that the Company or any of the Subsidiaries is a party to or bound by which it or its assets or properties are bound (collectively, the “collectively referred to herein as "Company Material Contracts"):

Appears in 1 contract

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

Material Contracts. (a) Section 3.5(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following Contracts to which the Company is a party or by which it or its assets or properties are the Assets is bound (collectively, the "Material Contracts”):"), with all such Material Contracts disclosed on Section 3.5(a) of the Company Disclosure Schedule identified by reference to the specific clause of this Section 3.5 to which such Material Contract relates:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Janel Corp)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.14(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.14(a), all of the following Contracts to which the Company or any of the Company Subsidiaries is a party or by which it any of them or its their respective assets or of properties are bound (collectively, the "Material Contracts"):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gentiva Health Services Inc)

Material Contracts. (ai) Schedule 4H(i) of the Company Disclosure Schedule 4.13(a) Letter sets forth, by reference to as of the applicable subsection date of this Section 4.13(a)Agreement, all a list of the following Contracts to which the Company is a party or by which it the Company or its the assets or properties are of the Company may be bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Precedent Agreement (New Jersey Resources Corp)

Material Contracts. (a) Section 4.13(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company or any of the Subsidiaries is a party or by which it or its assets or properties are bound is bound, in each case, as of the date of this Agreement (collectively, all Contracts required to be set forth on Section 4.13(a) of the Company Disclosure Schedule, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Plug Power Inc)

Material Contracts. (a) Section 5.14(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a5.14(a), all of the following Contracts to which the Company is a party or by which it the Company or its the Company’s assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

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

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Material Contracts. (a) Company Schedule 3.18(a) of the Disclosure Schedule 4.13(a) Schedules sets forth, by reference to the applicable subsection forth a list of this Section 4.13(a), all each of the following Contracts to which the Company is a party or by which it or its has assets or properties that are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Asset Purchase Agreement (Applied Micro Circuits Corp)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.14(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.14(a), all of the following Contracts to which the any Company is a party or by which it or any of its assets or properties are is bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Securities Purchase Agreement (Cardtronics Inc)

Material Contracts. (a) Company Section 3.15 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all forth a list each of the following Contracts to which the Company is a party or by pursuant to which it goods are sold to or its assets or properties services are bound rendered to the Company (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Stock Purchase Agreement (Fleetwood Enterprises Inc/De/)

Material Contracts. (a) Company Section 4.11(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), identifies all of the following Contracts (each a “Material Contract”) to which the Company Partnership is a party or by which it relates to the Business or its assets or properties are bound (collectively, the “Material Contracts”):Facility:

Appears in 1 contract

Samples: Purchase Agreement (Koppers Holdings Inc.)

Material Contracts. (a) Company Section 4.11 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of forth the following Material Contracts (each a “Material Contract”) which are currently in effect and to which the Company any Seller is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):any Seller is legally bound:

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (MedMen Enterprises, Inc.)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all 4.14 hereto contains a list of the following Contracts to which the Company or any its Subsidiaries is a party or by which it or its assets or properties are bound (collectively, collectively the “Material Contracts” and each a “Material Contract) (which are listed in Schedule 4.14 by reference to the applicable subclause of this Section 4.14(a)):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Realpage Inc)

Material Contracts. (aa. Section 4.17(a) Company of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.17(a), all of the following Contracts to which the Company or any of the Subsidiaries is a party or by which it any of them or its their respective assets or properties are bound (collectively, together with the Leases, the “Material Contracts”):

Appears in 1 contract

Samples: Share Purchase Agreement (Gp Strategies Corp)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.15 (a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.15 (a), all of the following Contracts to which the Company is a party as of the date hereof or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Stock Purchase Agreement (Alcon Inc)

Material Contracts. (a) Company Disclosure Schedule Section 4.13(a) of the Disclosure Schedules sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company is (each a party or by which it or its assets or properties are bound (“Material Contract” and, collectively, the “Material Contracts”):) to which the Company or any of its Subsidiaries is a party or by which any of them is bound (excluding any Contract covered by Section 4.15) and which:

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Post Holdings, Inc.)

Material Contracts. (a) Company Section 3.16(a) of the Disclosure Schedule 4.13(a) sets forthlists the following contracts, by reference commitments and agreements relating to the applicable subsection Business (each a "Material Contract", and collectively the "Material Contracts") in effect as of the date of this Section 4.13(a), all of the following Contracts Agreement to which CCPS, any Company or the Company Subsidiary is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):that constitute an Asset:

Appears in 1 contract

Samples: Asset and Stock Purchase Agreement (Covance Inc)

Material Contracts. (a) Company Section 4.14(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.14(a), all of the following Contracts to which the Company or any of the Subsidiaries is a party or by which it any of them or its their respective assets or of properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Stock Purchase Agreement (Deep Down, Inc.)

Material Contracts. (a) Schedule 2.16 of the Company Disclosure Schedule 4.13(a) sets forthLetter, which identifies each contract by reference to the applicable subsection of this Section 4.13(asubsection(s), sets forth all of the following Contracts Contracts, to which the Company is a party or by which it the Company or its assets or properties are may be bound (each, a “Material Contract” and collectively, the “Material Contracts”):).

Appears in 1 contract

Samples: Share Purchase Agreement (BTCS Inc.)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) 4.12 sets forth, by forth (with specific reference to the applicable subsection of this Section 4.13(a), all to which it primarily relates) each of the following Contracts to which the Company is a party or by bound or to which it any of its properties or its assets or properties are bound subject (collectivelytogether with the Contracts set forth in Schedule 4.19, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Irobot Corp)

Material Contracts. (a) Section 4.16(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of Schedules identifies the following Contracts to which the any Acquired Company is a party and in effect as of the date hereof (any Contract so disclosed or by which it or its assets or properties are bound (collectivelyrequired to be so disclosed, the a Material ContractsDisclosed Contract”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ariad Pharmaceuticals Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.14(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts (excluding, for the purposes of Section 4.14 in its entirety (except Section 4.14(a)(x)), any Company Benefit Plan) to which the Company or any Subsidiary is a party or by which it or its assets or properties are is bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (AOL Inc.)

Material Contracts. (a) Company Schedule 4.12(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of Schedules lists the following Contracts to which the Company is a party or by which it it, or any of its assets or properties are assets, is bound (collectively, the “Material Contracts”) as of the date hereof (and in the case of oral Contracts, sets forth a reasonably detailed summary of the principal terms and conditions thereof, including pricing):

Appears in 1 contract

Samples: Purchase Agreement (TransUnion)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.14(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.14(a), all of the following outstanding Contracts to which the Company or any of the Subsidiaries is a party or by which it any of them or its their respective assets or of properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Equity Transfer Agreement (Perkinelmer Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) 4.14 sets forth, by reference to the applicable subsection of this Section 4.13(a)4.14, all of the following Contracts that are written, and to the Knowledge of the Company, that are oral, to which the Company is a party or by which it or its any of the Company’s assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nexxus Lighting, Inc.)

Material Contracts. (a) Company Part 4.16(a) of the Disclosure Schedule 4.13(alists each contract (other than purchase orders) sets forth, by reference to in effect as of the applicable subsection date of this Section 4.13(a), all of the following Contracts Agreement and to which the any Group Company is a party or by which it any of its properties or its assets or properties are otherwise bound that meets the following criteria (collectively, the “Material Contracts”):

Appears in 1 contract

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

Material Contracts. (a) Section 4.9(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to as of the applicable subsection date of this Section 4.13(a)Agreement, all each of the following Contracts which have terms set forth in the below categories that are in effect as of the date hereof to which the any Acquired Company is a party or by which it or its assets or properties are otherwise bound (collectively, a Contract responsive to any of the following categories being hereinafter referred to as a “Material ContractsContract”):

Appears in 1 contract

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

Material Contracts. (a) Company Schedule 5.13(a) of the Disclosure Schedule 4.13(a) Schedules sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which any of the Company Companies or the Subsidiaries is a party or by which it or its assets or properties are is bound as of the date hereof (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Stock Purchase Agreement (Lin Television Corp)

Material Contracts. (a) Company Section 3.10(a) of the Disclosure Schedule 4.13(a) sets forthlists, by reference to the applicable subsection of this Section 4.13(a3.10(a), all of the following Contracts to which the Company or one of its Subsidiaries is a party or by pursuant to which it any of its respective material properties or its assets or properties are is bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nordson Corp)

Material Contracts. (a) Company Section 4.16 of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection contains a list of this Section 4.13(a), all each of the following Contracts contracts, agreements or other arrangements to which the Company is a party or by which it or its any of their respective assets or properties are is bound including but not limited to any contracts, agreements, or arrangements between the Company and any Affiliate (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Stock Purchase Agreement (West Bancorporation Inc)

Material Contracts. (a) Company Section 6.12(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a6.12(a), all a correct and complete list of the following Material Contracts to which the Company is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):is bound:

Appears in 1 contract

Samples: Securities Purchase Agreement (South Plains Financial, Inc.)

Material Contracts. (a) Section 4.14(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following Contracts (other than Company Benefit Plans, Contracts with respect to the Company Intellectual Property or Leased Real Property and Excluded Contracts) to which the Company is a party or by which it or its assets or properties are is bound as of the date hereof (each, a “Company Material Contract” and collectively, the “Company Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vir Biotechnology, Inc.)

Material Contracts. (a) Schedule 4.7(a) of the Company Disclosure Schedule 4.13(a) Schedules sets forth, by reference to the applicable subsection of this Section 4.13(a), all of the following Contracts forth each Contract to which the Company or the Company Subsidiary is a party or by which it or its assets or properties Assets are otherwise legally bound meeting any of the following criteria (each of the Contracts listed pursuant to (i) through (xxv), a “Material Contract” and collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Quality Systems, Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of 4.15 lists the following Contracts to which the Company or any Subsidiary is a party or subject or by which it or its assets or properties are is bound (collectivelywith the Contracts required to be listed on Schedule 4.15, the "Material Contracts"):

Appears in 1 contract

Samples: Stock Purchase Agreement (Integramed America Inc)

Material Contracts. (a) Section 5.14 of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all lists each of the following Contracts Contracts, whether written or oral, to which the Company or any of its Subsidiaries is a party or by which it is bound as of the date of this Agreement (each such Contract listed or its assets or properties are bound (collectivelyrequired to be so listed, the “a "Company Material Contracts”Contract"):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stifel Financial Corp)

Material Contracts. (a) Company Listed in Section 4.6(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection are Contracts in force as of this Section 4.13(a), all of the following Contracts Closing to which the any Company Entity is a party or by which it or its assets or properties are any Company Entity is bound pertaining to the following (collectively, the each a “Material ContractsContract”):

Appears in 1 contract

Samples: Share Purchase Agreement (Seaspan CORP)

Material Contracts. (a) Section 4.17.(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of accurately lists the following Contracts contracts, leases, agreements, plans, policies, licenses and arrangements, whether written or oral, express or implied, or having any other legally binding basis to which the Company is a party or by which it or any of its assets or properties are property is bound (collectivelyeach document or arrangement referred to in this, and including those contracts filed as exhibits to the “Material Contracts”Company Reports, is referred to for purposes of this Section 4.17. as an "Agreement"):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cistron Biotechnology Inc)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.14(a) sets forth, by reference to the applicable subsection of this Section 4.13(a4.14(a), all of the following Contracts to which the Company or any of its Subsidiaries is a party or by which it any of them or its their respective assets or of properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Susser Holdings CORP)

Material Contracts. (a) Company Section 4.11(a) of the Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection forth an accurate and complete list of this Section 4.13(a), all each of the following Contracts to which the any Target Company is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Compass Group Diversified Holdings LLC)

Material Contracts. (a) Company Section 4.8 of the Disclosure Schedule 4.13(a) sets forth, by reference to as of the applicable subsection date of this Section 4.13(a)Agreement, all each of the following Contracts written contracts, mortgages, licenses, instruments, leases (other than the Leases) or other agreements, arrangements, understandings or commitments, permits, concessions or franchises of the Company and its Subsidiaries currently in effect to which (1) the Company or any Subsidiary of the Company is a party or (2) by which it the Company or its any Subsidiary of the Company or any of their assets or properties are bound (collectively, the “Material Contracts”):is bound:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hc2 Holdings, Inc.)

Material Contracts. (a) ‎‎Section 4.20(a) of the Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection contains an accurate and complete list of this Section 4.13(a), all of the following Contracts to which the Company is a party or by which it or its assets or properties are bound each contract described below (collectively, the “Material Contracts”):) in this ‎‎Section 4.20(a) under which the Company or any of its Subsidiaries has any current or future rights, responsibilities, obligations or liabilities (in each case, whether contingent or otherwise), in each case as of the date hereof:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lydall Inc /De/)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.8(a) sets forth, by reference to as of the applicable subsection of this Section 4.13(a)date hereof, all a list of the following Contracts agreements to which the Company or any of its Subsidiaries is a party or by which it their respective properties or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

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

Material Contracts. (a) Company Disclosure Schedule 4.13(a5.12(a) sets forth, by reference to the applicable subsection of this Section 4.13(a5.12(a), all of the following Contracts to which the Company Seller is a party or by which it or its assets or properties are bound (collectively, the "Material Contracts"):

Appears in 1 contract

Samples: Escrow Agreement (Darling International Inc)

Material Contracts. (a) Company Section 4.6 of the Disclosure Schedule 4.13(a) sets forthforth a true, by reference to the applicable subsection of this Section 4.13(a), all correct and complete list of the following Contracts to which the Company is a currently party or by which it or its any of the Company’s assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Share Purchase Agreement (Dolphin Entertainment, Inc.)

Material Contracts. (a) Company Disclosure Schedule 4.13(a) sets forth, by reference to the applicable subsection of this Section 4.13(a), forth all of the following Contracts to which the Company is (each a party or by which it or its assets or properties are bound (“Material Contract” and, collectively, the “Material Contracts”):) to which the Company or any of its Subsidiaries is a party or by which any of them is bound (excluding any Contract covered by Section 4.12(a)) and which:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Aleris Corp)

Material Contracts. (a) Company Disclosure Schedule 4.13(a4.10 discloses all contracts, whether written or oral, described in clauses (i) sets forth, by reference to the applicable subsection of this Section 4.13(a), all of the following Contracts through (xviii) below to which the Company or a Company Subsidiary is a party or by which it or its assets or properties are bound (collectively, the “Material Contracts”):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Worldwide Restaurant Concepts Inc)

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