Common use of Affiliate Interests and Transactions Clause in Contracts

Affiliate Interests and Transactions. (a) Except as set forth on Schedule 5.21(a) of the Company Disclosure Schedule, and except for ownership (of record or as a beneficial owner) of less than one percent of the outstanding Capital Stock of any Person that is publicly traded on any national or foreign stock exchange, or over-the-counter market, no Related Party of the Company or any of its Subsidiaries to the Knowledge of the Company, (i) owns or has, since January 1, 2006, owned, directly or indirectly, any equity or other financial or voting interest in any competitor, supplier, licensor of Intellectual Property or distributor of the Company or any of its Subsidiaries, (ii) owns or has, since January 1, 2006, owned, directly or indirectly, or has or has had any interest in any material property (real or personal, tangible or intangible) that the Company or any of its Subsidiaries uses or has used in or pertaining to the business of the Company or any of its Subsidiaries, (iii) has or has had since January 1, 2006, any business dealings or a financial interest in any transaction with the Company or any of its Subsidiaries or involving any assets or property of the Company or any of its Subsidiaries, or has derived, received, or was entitled to, any interest, incentive, or other form of benefit in connection with the Company’s or its Subsidiaries’ business, or any of the Contracts to which the Company or any of its Subsidiaries is a party.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Healthtronics, Inc.), Agreement and Plan of Merger (Endocare Inc)

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Affiliate Interests and Transactions. (a) Except as set forth on Schedule 5.21(a) of the Company Disclosure Schedule, and except for ownership (of record or as a beneficial owner) of less than one percent of the outstanding Capital Stock or Share Capital of any Person that is publicly traded on any national or foreign stock exchange, or over-the-counter market, no Related Party of the Company or any of its Subsidiaries to the Knowledge of the Company, (i) as far as the Company is aware (without making any inquiries), owns or has, since January 1, 20062005, owned, directly or indirectly, any equity or other financial or voting interest in any competitor, supplier, licensor of Intellectual Property or distributor of the Company or any of its Subsidiaries, (ii) owns or has, since January 1, 20062005, owned, directly or indirectly, or has or has had any interest in any material property (real or personal, tangible or intangible) that the Company or any of its Subsidiaries uses or has used in or pertaining to the business of the Company or any of its Subsidiaries, (iii) has or has had since January 1, 20062005, any business dealings or a financial interest in any transaction with the Company or any of its Subsidiaries or involving any assets or property of the Company or any of its Subsidiaries, or has derived, received, or was entitled to, any interest, incentive, or other form of benefit in connection with the Company’s or its Subsidiaries’ business, or any of the Contracts to which the Company or any of its Subsidiaries is a party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Endocare Inc)

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Affiliate Interests and Transactions. (a) Except (i) as set forth disclosed in the Corporation’s most recently filed Schedule 14A, filed with the SEC on Schedule 5.21(aApril 26, 2013, and any subsequently filed current report on Form 8-K through the date of this Agreement or (ii) of for which the Company Disclosure Schedule, and except for ownership (of record or as a beneficial owner) of less than one percent of the outstanding Capital Stock of any Person that is publicly traded on any national or foreign stock exchange, or over-the-counter marketits Subsidiaries have no remaining liability, no Related Party of the Company or any of its Subsidiaries to the Knowledge of the Company, Person: (i) owns or has, since January 1, 2006, has owned, directly or indirectly, any equity or other financial or voting interest in any competitor, supplier, licensor of Intellectual Property licensor, lessor, distributor, independent contractor or distributor customer of the Company Corporation or any of its Subsidiaries, Subsidiaries or their business; (ii) owns or has, since January 1, 2006, has owned, directly or indirectly, or has or has had any interest in any material property (real or personal, tangible or intangible) that the Company Corporation or any of its Subsidiaries uses or has used in or pertaining to the business of the Company Corporation or any of its Subsidiaries, ; (iii) has or has had since January 1, 2006, any business dealings or a financial interest in any transaction with the Company Corporation or any of its Subsidiaries or involving any assets or property of the Company Corporation or any of its Subsidiaries, other than business dealings or has derived, received, transactions conducted in the Ordinary Course of business at prevailing market prices and on prevailing market terms; or was entitled to, any interest, incentive, or other form of benefit in connection with (iv) is employed by the Company’s or its Subsidiaries’ business, or any of the Contracts to which the Company Corporation or any of its Subsidiaries is a party.Subsidiaries. Further, no Related Person

Appears in 1 contract

Samples: Securities Purchase Agreement (Landmark Apartment Trust of America, Inc.)

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