Common use of Acquisitions Clause in Contracts

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessthe Company or the Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole, or acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholethereof;

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;.

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholeassets;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof or business thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholethe Company;

Acquisitions. Acquire Acquire, by merger, consolidation, acquisition of equity interests or agree to acquire by merging withassets, or by purchasing a substantial portion of the stock or assets of, or by any other mannerotherwise, any business business, any material assets or properties, or any corporation, partnership, association limited liability company, joint venture or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholethereof;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its businessthe Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to the Company and its business, taken as a wholeother than assets and properties transferred by ACN and its affiliates to the Company;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the assets or capital stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Acquisitions. Acquire Directly or indirectly acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessand its subsidiaries' businesses, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, or acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its business, the Company and the Subsidiaries (taken as a whole) or the Business, or enter into any Contract with respect to a joint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof for a purchase price in excess of $1,000,000, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to the Company and its business, Subsidiaries (taken as a whole;) or the Business, or enter into any Contract with respect to a joint venture, strategic alliance or partnership.

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof thereof, or otherwise acquire or agree to acquire any assets assets, in each case, that are material material, individually or in the aggregate, to its businessthe Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating ------------ with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing an equity interest in or a substantial material portion of the stock or assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association association, or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a wholethe business of any of the STEAG Subsidiaries;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeor make any loans, advances, or capital contributions to or investment in any Person, in each case, that would reasonably be expected to prevent, impede, or materially delay the consummation of the Merger or the other transactions contemplated by this Agreement;

Acquisitions. Acquire Acquire, or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock any assets or assets equity securities of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire other acquisition or agree agreement to acquire any assets or any equity securities that are material material, individually or in the aggregate, to its business, taken as a wholethe business of the Company;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, except, in each such case, which are material individually or immaterial and are in the aggregate, to its ordinary course of the Company’s business, taken as a wholeconsistent with past practice;

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof of such entity or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each case which are material material, individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging merging, amalgamating or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessthe Company or the Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion substantially all of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof thereof, or otherwise acquire enter into any Contract with respect to a joint venture, strategic alliance or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholepartnership;

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof Person or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire acquire, by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;thereof.

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock assets or assets equity interests of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof thereof, or otherwise acquire or agree to acquire any assets or equity or debt securities (other than publicly-traded marketable securities), in each case, for consideration in an amount not to exceed individually or in the aggregate, $50,000,000, or enter into any Contract with respect to a joint venture, strategic alliance or partnership, in each case, that are material material, individually or in the aggregate, to its business, taken as a wholethe Business;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to the Company's and its subsidiaries' business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in the aggregateacquire or agree to acquire any equity securities of any corporation, to its businesspartnership, taken as a wholelimited liability company, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof or business thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholethe Business and that would constitute Acquired Assets hereunder;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in to the aggregate, to its businessAcquired Companies, taken as a whole, or enter into any Contract with respect to a joint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing any equity interest in or a substantial material portion of the stock or assets of, or by any other manner, any business or any corporation, partnershippartnership interest, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any material assets that are material individually or in the aggregateenter into any joint ventures, to its business, taken as a wholestrategic partnerships or alliances;

Acquisitions. Acquire or agree to Except as contemplated by this Agreement, acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeor acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeor acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material individually or in the aggregate, aggregate to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to its the Company's business, taken as a whole;

Acquisitions. Acquire or agree to acquire acquire, by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to Company’s and its Subsidiaries’ business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeor acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any material business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholethereof;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, make any investment in any other Person or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its businessCompany, taken as a wholeor acquire or agree to acquire any equity securities of any corporation, partnership, limited liability company, association or business organization which securities acquired or agreed to be acquired would constitute greater than five percent (5%) of the outstanding securities of such entity;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries’ business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock shares, Securities or assets of, or by any other manner, any business or any corporationcompany, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;the Business other than in the Ordinary Course of Business.

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree enter into any Contract with respect to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholean equity-based joint venture;

Acquisitions. Acquire acquire or agree to acquire acquire, by merging or consolidating with, or by purchasing stock or a substantial portion of the stock or assets of, or by any other mannermeans, any business or any corporationPerson or any division thereof, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholethe business of the Company;

Acquisitions. Acquire or agree to acquire (by merging or consolidating with, purchasing all or by purchasing a substantial portion substantially all of the stock assets or assets Equity Securities of, or by any other mannermanner acquiring) any Person, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or than transactions entered into in the aggregateOrdinary Course of Business, prior to its business, taken as a wholethe date of this Agreement;

Acquisitions. Acquire acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock any assets or assets equity securities of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the respective party’s business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing an equity interest in or a substantial material portion of the stock or assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as a whole, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire Acquire, by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other mannermeans, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to its the Company’s and Company Subsidiaries’ business, taken as a wholewhole (other than pursuant to existing contracts or commitments or in the ordinary course of business);

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that assets, except, in each such case, which are material individually or immaterial and are in the aggregateordinary course of business of each Company, to its business, taken as a wholeconsistent with past practice;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or thereof, or, otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to its the Company’s and Company Subsidiaries’ business, taken as a whole;; Table of Contents

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in the aggregateacquire or agree to acquire any equity securities of any corporation, to its businesspartnership, taken as a whole;limited liability company, association or business organization.

Acquisitions. Acquire or agree to acquire by merging with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its the Company’s business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its business, taken as a wholeor acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization;

Acquisitions. Acquire or agree to acquire acquire, by merging with, or consolidating with or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire enter into any Contract with respect to a joint venture, strategic alliance or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;partnership.

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a whole;other

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Companies’ business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership, in each case other than acquisitions of inventory or equipment in the ordinary course of business consistent with past practice;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or thereof, or, otherwise acquire or agree to acquire any assets that assets, in each such case which are material material, individually or in the aggregate, to its the Company’s and Company Subsidiaries’ business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or material assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholethereof;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof thereof, make any investment in any other Person or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholethe Business;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessthe Company, taken as any Subsidiary, or the Business, or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire Acquired or agree agreed to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire acquired or agree agreed to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing all or a substantial portion of the stock or assets of, or by purchasing all or a substantial equity or voting interest in, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that are material individually or in the aggregate, to its business, taken as a wholedivision or Person;

Acquisitions. Acquire Acquired or agree agreed to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire acquired or agree agreed to acquire any assets that are material material, individually or in the aggregate, to its businessbusiness (other than inventory purchased in the Ordinary Course of Business), taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or partnership;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s current business, taken as ; or make any other acquisition of a wholematerial amount of assets outside of the ordinary course of business consistent with past practice;

Acquisitions. Acquire or agree to acquire by merging or ------------ consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a whole; otherwise form or permit to exist any subsidiary of Company or own any equity interest in another entity;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material individually or in assets, except the aggregate, to its business, taken as a wholeacquisition contemplated by the Agreement;

Acquisitions. Acquire or agree to acquire by merging merging, ------------ consolidating or amalgamating with, or by purchasing a substantial material portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its business, taken as a wholeother than inventory in the ordinary course of business;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock assets or assets Equity Interests of, or by any other manner, any business or any corporation, partnership, association or other business organization Person or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material material, individually or in the aggregate, to its businessthe Company or the Business, taken as or enter into any Contract with respect to a wholejoint venture, strategic alliance or other similar partnership;

Acquisitions. Acquire Acquired or agree agreed to acquire by merging with, or by purchasing a substantial portion any of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire acquired or agree agreed to acquire any assets that are material individually or in the aggregate, to its Company’s business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole;, or acquire or agree to acquire any equity securities of any corporation, partnership, association or business organization; (o)

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing the stock or a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that are material other than in the ordinary course of business and in excess of $50,000 individually or $100,000 in the aggregate, or enter into any Contract with respect to its businessa joint venture, taken as a wholestrategic alliance or partnership;

Acquisitions. Acquire acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock any assets or assets equity securities of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its the Company’s business, taken as a whole;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof thereof, or otherwise acquire any assets, or agree to acquire any assets that are material individually equity securities of any corporation, partnership, association or in the aggregate, to its business, taken as a wholebusiness organization;

Acquisitions. Acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, any of the securities of, or by any other manner, any business or any corporationPerson, partnership, association or other business organization or division thereof or otherwise acquire or agree to acquire any assets that which are material material, individually or in the aggregate, to its businessthe Business, taken as a whole;