Absence of Certain Business Practices. Neither SNAP, nor any ------------------------------------- officer, employee or agent of SNAP, nor any other Person acting on behalf of SNAP, has, directly or indirectly, within the past five years given or agreed to give any gift or similar benefit to any customer, supplier, governmental employee or other Person or entity who is or may be in a position to help or hinder SNAP (or assist SNAP in connection with any actual or proposed transaction) which (x) subjects any party or NMC or any of their respective Affiliates, to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (y) if not given in the past, could have had a Material Adverse Effect or (z) if not continued in the future, could have a Material Adverse Effect or which might subject any party or NMC or any of their respective Affiliates to suit or penalty in any private or governmental litigation or proceeding.
Appears in 4 contracts
Samples: Agreement and Plan (Xoom Inc), Agreement and Plan of Contribution (General Electric Co), Agreement and Plan (Xoom Inc)
Absence of Certain Business Practices. Neither SNAP, nor any ------------------------------------- officer, employee or agent of SNAP, nor any other Person acting on behalf of SNAP, has, directly or indirectly, within the past five years given or agreed to give any gift or similar benefit to any customer, supplier, governmental employee or other Person or entity who is or may be in a position to help or hinder SNAP (or assist SNAP in connection with any actual or proposed transaction) which (x) subjects any party or NMC or any of their respective Affiliates, to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (y) if not given in the past, could have had a Material Adverse Effect or (z) if not continued in the future, could have a Material Adverse Effect or which might subject any party or NMC or any of their respective Affiliates to suit or penalty in any private or governmental litigation or proceeding.
Appears in 3 contracts
Samples: Agreement and Plan (Xoom Inc), Agreement and Plan (General Electric Co), Agreement and Plan (General Electric Co)
Absence of Certain Business Practices. Neither SNAP, nor any ------------------------------------- officer, employee or agent of SNAP, nor any other Person acting on behalf of SNAP, has, directly or indirectly, within the past five years given or agreed to give any gift or similar benefit to any customer, supplier, governmental employee or other Person or entity who is or may be in a position to help or hinder SNAP (or assist SNAP in connection with any actual or proposed transaction) which (x) subjects any party or NMC or any of their respective Affiliates, to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (y) if not given in the past, could have had a Material Adverse Effect or (z) if not continued in the future, could have a Material Adverse Effect or which might subject any party or NMC Xenon 2 or any of their respective Affiliates to suit or penalty in any private or governmental litigation or proceeding.
Appears in 2 contracts
Samples: Agreement and Plan of Contribution and Merger (Xoom Inc), Agreement and Plan of Contribution and Merger (General Electric Co)