Assets and Revenues. (a) Seller is its own ultimate parent entity. Seller, together will all entities controlled by Seller (i) is not engaged in manufacturing, (ii) does not have total assets of $106.2 million or more as of its most recent regularly prepared balance sheet, and (iii) does not have annual sales of $106.2 million or more as of its most recently completed fiscal year.
(b) The following terms shall be defined for the purpose of this Section 2.31 and Section 3.22 of this Agreement as follows: (i) “ultimate parent entity” shall have the meaning set forth in 16 C.F.R. Section 801.1(a)(3), (ii) “controlled” shall have the meaning set forth in 16 C.F.R. 801.1(b); and (iii) “engaged in manufacturing” shall have the meaning set forth in 16 C.F.R. 801.1(j)).
Assets and Revenues. (a) Parent is its own the ultimate parent entity. Parent, together will all entities controlled by Parent (i) is not engaged in manufacturing, (ii) does not have total assets of $106.2 million or more as of its most recent regularly prepared balance sheet, and (iii) does not have annual sales of $106.2 million or more as of its most recently completed fiscal year.
(b) The representations in this Section 3.22 are made solely for the purpose of determining the applicability of HSR to the transactions contemplated by this Agreement.
Assets and Revenues. Licensor does not have more than $184 million in either annual net sales or total assets for purposes of Section 18a(a)(2)(B)(ii) of the HSR Act. For purposes of this Section 10.2(s), the term “Licensor” shall include Licensor’s “ultimate parent entity” (as such term is defined in 16 C.F.R. § 801.1(a)(3)) and all entities included within Licensor’s ultimate parent entity.
Assets and Revenues. The Vendor, together with its Affiliates, does not have gross assets in Canada or gross revenues from sales in or from Canada, for the 12 month period ending October 31, 2000, in excess of Cdn$35,000,000.
Assets and Revenues. The Company is its own "ultimate parent entity" as such term is defined in 16 C.F.R. Section 801.1(a)(3). The Company, on a consolidated basis, does not (i) have assets having an aggregate book value of $100 million or more based on its most recent regularly prepared balance sheet or (ii) sales of $100 million or more in its most recent fiscal year. The representation and warranty is made solely for the purpose of determining the applicability to the transactions contemplated by this Agreement of the Hart-Xxxxx-Xxxxxx Xxxitrust Improvements Act of 1976, as amended.
Assets and Revenues. The aggregate book value as of December 31, 1996 of all assets located in the United States held by the Company and its Subsidiaries was less than $15 million, and the aggregate amount of sales in or into the United States by the Company and its Subsidiaries for the fiscal year ended December 31, 1996 was less than $25 million, as such asset value and sales amounts are required to be calculated pursuant to Rule Section 802.50 and the other applicable provisions of the Hart-Xxxxx-Xxxxxx Xxxitrust Improvements Act of 1976, as amended.
Assets and Revenues. 21 3.31 Disclosure.......................................... 21 3.32
Assets and Revenues. The Shareholders are the "ultimate parent entities" of BAC as such term is defined in 16 C.F.R. Section 801.1(a)(3). The Shareholders, on an aggregated basis, do not (i) have assets having an aggregate book value of $10 million or more (determined in accordance with 16 C.F.R. Section 801.11(d)) based on its recent regularly prepared balance sheet or (ii) control (as defined in 16 C.F.R. Section 801.1(b)) Entities with sales of $10 million or more in such controlled Entities' most recent fiscal year. This representation and warranty is made solely for the purpose of determining the applicability to the transactions contemplated by this Agreement of the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended.
Assets and Revenues. On and after giving effect to the Recapitalization Plan, which plan shall be effected prior to the Closing, the Seller is its own "ultimate parent entity" as such term is defined in 16 C.F.R. Section 801.1(a)(3). The Seller, on a consolidated basis, does not (i) have assets having an aggregate book value of $100 million or more based on its most recent regularly prepared balance sheet or (ii) sales of $100 million or more in its most recent fiscal year. The representation and warranty is made solely for the purpose of determining the applicability to the transactions contemplated by this Agreement of the Hart-Xxxxx-Xxxxxx Xxxitrust Improvements Act of 1976, as amended.
Assets and Revenues. Parent is its own "ultimate parent entity" as such term is defined in 16 C.F.R. Section 801.1(a)(3). Parent, on a consolidated basis, does not (i) have assets having an aggregate book value of $100 million or more based on its most recent regularly prepared balance sheet or (ii) sales of $100 million or more in its most recent fiscal year. The representation and warranty is made solely for the purpose of determining the applicability to the transactions contemplated by this Agreement of the Hart-Xxxxx-Xxxxxx Xxxitrust Improvements Act of 1976, as amended.
