Common use of SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS Clause in Contracts

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. The Company has delivered to Home an accurate list (which is set forth on Schedule 5.15) of all customers (persons or entities) representing 5% or more of the Company's annual revenues for any period covered by any of the Financial Statements. Except to the extent set forth on Schedule 5.15, none of such customers have canceled or substantially reduced or, to the knowledge of the Company, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the Company. The Company has listed on Schedule 5.15 all Material Contracts (as defined below) to which the Company is a party or by which it or any of its properties are bound, other than agreements listed on Schedules 5.10, 5.14 or 5.16, (a) in existence as of the Balance Sheet Date and (b) entered into since the Balance Sheet Date, and in each case has delivered true, complete and correct copies of such agreements to Home. For purposes of this Section 5.17, Material Contracts includes contracts between the Company and significant customers, joint venture or partnership agreements, contracts with any labor organization, strategic alliances, options to purchase land and other contracts which are not terminable on sixty days or less notice and involve payments by the Company in any twelve month period in excess of $25,000. The Company has also indicated on Schedule 5.15 a summary description of all plans or projects involving the opening of new operations, expansion of existing operations, the acquisition of any personal property, business or assets requiring, in any event, the payment of more than $25,000 by the Company during any 12-month period.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. The Company COMPANY has delivered to Home METALS an accurate list (which is set forth on Schedule 5.15) of (i) all customers significant customers, it being understood and agreed that a "significant customer," for purposes of this Section 5.15, means a customer (persons or entitiesperson or entity) representing 5% or more of the CompanyCOMPANY's annual revenues for any period covered by any of the Financial Statementsits most recently completed fiscal year. Except to the extent set forth on Schedule 5.15, none of such the COMPANY's significant customers have canceled or substantially reduced or, to the knowledge of the CompanyCOMPANY, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the CompanyCOMPANY. The Company COMPANY has listed on Schedule 5.15 all Material Contracts (as defined below) material contracts, commitments and similar agreements to which the Company COMPANY is a party or by which it or any of its properties are boundbound (including, but not limited to, contracts with significant customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land), other than agreements listed on Schedules Schedule 5.10, 5.14 or 5.16, (a) in existence as of the Balance Sheet Date and (b) entered into since the Balance Sheet Date, and in each case has delivered true, complete and correct copies of such agreements to Home. For purposes of this Section 5.17, Material Contracts includes contracts between the Company and significant customers, joint venture or partnership agreements, contracts with any labor organization, strategic alliances, options to purchase land and other contracts which are not terminable on sixty days or less notice and involve payments by the Company in any twelve month period in excess of $25,000METALS. The Company COMPANY has also indicated on Schedule 5.15 a summary description of all plans or projects involving the opening of new operations, expansion of existing operations, the acquisition of any personal property, business or assets requiring, in any event, the payment of more than $25,000 50,000 by the Company COMPANY during any 12-month period.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. The Company COMPANY has delivered to Home METALS an accurate list (which is set forth on Schedule 5.15) of (i) all customers significant customers, it being understood and agreed that a "significant customer," for purposes of this Section 5.15, means a customer (persons or entitiesperson or entity) representing 5% or more of the CompanyCOMPANY's annual revenues for any period covered by any of the Financial Statementsits most recently completed fiscal year. Except to the extent set forth on Schedule 5.15, none of such the COMPANY's significant customers have canceled or substantially reduced or, to the knowledge of the CompanyCOMPANY, are currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the CompanyCOMPANY. The Company COMPANY has listed on Schedule 5.15 all Material Contracts (as defined below) material contracts, commitments and similar agreements to which the Company COMPANY is a party or by which it or any of its properties are boundbound (including, but not limited to, contracts with significant customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land), other than agreements listed on Schedules Schedule 5.10, 5.14 or 5.16, (a) in existence as of the Balance Sheet Date and (b) entered into since the Balance Sheet Date, and in each case has delivered true, complete and correct copies of such agreements to Home. For purposes of this Section 5.17, Material Contracts includes contracts between the Company and significant customers, joint venture or partnership agreements, contracts with any labor organization, strategic alliances, options to purchase land and other contracts which are not terminable on sixty days or less notice and involve payments by the Company in any twelve month period in excess of $25,000METALS. The Company COMPANY has also indicated on Schedule 5.15 a summary description of all plans or projects involving the opening of new operations, expansion of existing operations, the acquisition of any personal property, business or assets requiring, in any event, the payment of more than $25,000 50,000 by the Company COMPANY during any 12-12- month period.