Affiliate Interests and Transactions. (a) No Related Party of the Company: (i) owns or has owned, directly or indirectly, any equity or other financial or voting interest in any competitor, supplier, licensor, lessor, distributor, independent contractor or customer of the Company or its business; (ii) owns or has owned, directly or indirectly, or has or has had any interest in any property (real or personal, tangible or intangible) that the Company uses or has used in or pertaining to the business of the Company; (iii) has or has had any business dealings or a financial interest in any transaction with the Company or involving any assets or property of the Company, other than business dealings or transactions conducted in the ordinary course of business at prevailing market prices and on prevailing market terms; or (iv) is or has been employed by the Company.
Appears in 1 contract
Affiliate Interests and Transactions. (a) No Except as set forth in Section 4.23(a) of the Company Disclosure Letter, no Related Party of the Company: (i) owns or has owned, directly or indirectly, any equity or other financial or voting interest in any competitor, supplier, licensor, lessor, distributor, independent contractor or customer of the Company or its businessCompany; (ii) owns or has ownedowns, directly or indirectly, or has or has had any interest in any property (real or personal, tangible or intangible) that the Company uses or has used in or pertaining to the business of the Company; or (iii) has or has had any business dealings or a financial interest in any transaction with the Company or involving any assets or property of the Company, other than business dealings or transactions conducted in the ordinary course of business at prevailing market prices and on prevailing market terms; or (iv) is or has been employed by the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (12th Street Financial, LLC)
Affiliate Interests and Transactions. (a) No Related Party of the Company: (i) owns or has owned, directly or indirectly, any equity or other financial or voting interest in any competitor, supplier, licensor, lessor, distributor, independent contractor or customer of the Company or its their business; (ii) owns or has owned, directly or indirectly, or has or has had any interest in any property (real or personal, tangible or intangible) that the Company uses or has used in or pertaining to the business of the Company; (iii) has or has had any business dealings or a financial interest in any transaction with the Company or involving any assets or property of the Company, other than business dealings or transactions conducted in the ordinary course of business at prevailing market prices and on prevailing market terms; or (iv) is or has been employed by the Company.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Adept Technology Inc)
Affiliate Interests and Transactions. (a) No To the Knowledge of the Company, no Related Party of the Company: (i) owns or has ownedowns, directly or indirectly, any equity or other financial or voting interest in any competitor, supplier, licensor, lessor, distributor, independent contractor or customer of the Company or its business; (ii) owns or has ownedowns, directly or indirectly, or has or has had any interest in any property (real or personal, tangible or intangible) that the Company uses or has used in or pertaining to the business of the Company; or (iii) is a party to any Contract with the Company or has or has had any business dealings or a financial interest in any transaction with the Company or involving any assets or property of the Company, other than business dealings in their capacities as employees or transactions conducted directors in the ordinary course of business at prevailing market prices and on prevailing market terms; or (iv) is or has been employed by the Companybusiness.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rubicon Project, Inc.)
Affiliate Interests and Transactions. (a) No Except as set forth in Section 4.19 of the Disclosure Schedules, to the Company’s Knowledge, no Related Party of the CompanyAcquired Companies: (ia) owns or has ownedowns, directly or indirectly, any equity or other financial or voting interest in any competitor, material supplier, licensor, lessor, distributor, independent contractor or customer of the Company or its businessAcquired Companies; (iib) owns or has ownedowns, directly or indirectly, or has or has had any interest in any property (real or personal, tangible or intangible) that the an Acquired Company uses in its business; or has used in or pertaining to the business of the Company; (iiic) has or has had any business dealings or a financial interest in any transaction with the an Acquired Company or involving any assets or property of the an Acquired Company, other than business dealings or (i) transactions conducted in the ordinary course of business at prevailing market prices and on prevailing market terms; or terms and (ivii) is or has been employed by transactions in connection with a Related Party’s employment with the CompanyAcquired Companies.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Upland Software, Inc.)