Company and its Subsidiaries definition

Company and its Subsidiaries means the Company and the Subsidiaries listed on Schedule 4.02(b) hereto, individually, collectively or in any combination as the context may require.

Company and its Subsidiaries shall include any Person organized under the laws of the United States or operating therein that is or would be aggregated with the Company and its Subsidiaries under Section 414(b), (c), (m), or (o) of the Code (an “ERISA Affiliate”).

Company and its Subsidiaries shall have the meaning specified in Section 3.10.

Examples of Company and its Subsidiaries in a sentence

• The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

• None of the Company’s or its Subsidiaries’ employees is a member of a union that relates to such employee’s relationship with the Company or such Subsidiary, and neither the Company nor any of its Subsidiaries is a party to a collective bargaining agreement, and the Company and its Subsidiaries believe that their relationships with their employees are good.

• The Company and its Subsidiaries are in compliance with all applicable U.S. federal, state, local and foreign laws and regulations relating to employment and employment practices, terms and conditions of employment and wages and hours, except where the failure to be in compliance would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

• Since the Evaluation Date, there have been no changes in the internal control over financial reporting (as such term is defined in the Exchange Act) of the Company and its Subsidiaries that have materially affected, or is reasonably likely to materially affect, the internal control over financial reporting of the Company and its Subsidiaries.

• As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158.

• The Company and its Subsidiaries are in compliance with all applicable U.S. federal, state, local and foreign laws and regulations relating to employment and employment practices, terms and conditions of employment and wages and hours, except where the failure to be in compliance could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

• The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

• Since the Evaluation Date, there have ||| been no changes in the internal control over financial reporting (as such term is defined in the Exchange Act) of the Company and its Subsidiaries that have materially affected, or is reasonably likely to materially affect, the internal control over financial reporting of the Company and its Subsidiaries.

• The Company and its Subsidiaries, on a consolidated basis, are not as of the date hereof, and after giving effect to the transactions contemplated hereby to occur at the Closing, will not be Insolvent (as defined below).

• The Company and its Subsidiaries are in compliance with all federal, state, local and foreign laws and regulations respecting labor, employment and employment practices and benefits, terms and conditions of employment and wages and hours, except as disclosed in Schedule 3.1(v) or where failure to be in compliance would not, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

More Definitions of Company and its Subsidiaries

Company and its Subsidiaries means Company and all of the Subsidiaries.

Company and its Subsidiaries shall not permit Consolidated EBITDA as of the last day of any Fiscal Quarter for the two consecutive Fiscal Quarter period ended on such day to be less than $13,000,000. Company and its Subsidiaries further shall not permit Consolidated EBITDA (i) as of the last day of the second Fiscal Quarter of 1996 for the two consecutive Fiscal Quarter period ended as of such date to be less than $18,000,000, (ii) as of the last day of the third Fiscal Quarter of 1996 for the three consecutive Fiscal Quarter period ended as of such date to be less than $23,000,000, (iii) as of the last day of the fourth Fiscal Quarter of 1996 for the four consecutive Fiscal Quarters period ended as of such date to be less than $33,000,000 and (iv) as of the last day of the first Fiscal Quarter of 1997 for the four consecutive Fiscal Quarter period ended as of such date to be less than $34,000,000."

Company and its Subsidiaries taken as a whole, except in the ordinary course of business and consistent with past practice;

Company and its Subsidiaries means the Company and (i) EnerPath, Inc., a California corporation, formerly known as EnerNet, Inc., dba EnerPath, and (ii) EnerPath Services, Inc., a Michigan corporation, formerly known as D-Base Communications, Inc., dba Energy Controls & Concepts.