Common use of Capital Expenditure and Commitments Clause in Contracts

Capital Expenditure and Commitments. Except as disclosed in Part 5.11 of the Disclosure Schedule or in the Company Financial Statements: 5.11.1. The Company has not undertaken to make any material capital commitment, expenditure or purchase in excess of $10,000. 5.11.2. The Company is not a party to any material hire, hire purchase, credit sale or conditional sale agreement or any contract providing for payment on deferred terms in respect of assets purchased by the Company. 5.11.3. The Company is not in breach of any material obligation under any material deed, agreement or transaction to which it is a party, and to the best of its knowledge, no third party that has transacted business with the Company is in breach of any of its material obligations under any material deed, agreement, or transaction with the Company to which it is a party. 5.11.4. The Company is not aware of any Security Interest on, over or affecting the issued or unissued share capital of the Company and there is no agreement or commitment to give or create any such Security Interest and no claim has been made by any Person to be entitled to any such Security Interest. 5.11.5. The Company has not given any guarantee, indemnity or security for, or otherwise agreed to become directly or contingently liable for, any obligation of any other individual or entity, except in its ordinary course of business, and to the best of its knowledge, no individual or entity has given any guaranty of or security for any of the Company's obligations. 5.11.6. There are in force no powers of attorney given by the Company with respect to any asset or business of the Company, and no individual or entity, as agent, representative, distributor or otherwise, is entitled or authorized to bind or commit the Company to any obligation not in the ordinary course of the Company's business. 5.11.7. The Company has not applied for or received any grant or allowance from any governmental authority.

Appears in 2 contracts

Samples: Merger Agreement (Ge Capital Equity Investments Inc), Merger Agreement (Viryanet LTD)

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Capital Expenditure and Commitments. Except as disclosed in Part 5.11 2.11 of the Disclosure Schedule or in the Company Financial Statements: 5.11.1. (a) The Company has not undertaken to make any material capital commitment, expenditure or purchase in excess of $10,00050,000. 5.11.2. (b) The Company is not a party to any material hire, hire purchase, credit sale or conditional sale agreement or any contract providing for payment on deferred terms in respect of assets purchased by the Company. 5.11.3. (c) The Company is not in breach of any material obligation under any material deed, agreement or transaction to which it is a party, and to the best of its knowledge, no third party that has transacted business with the Company is in breach of any of its material obligations under any material deed, agreement, or transaction with the Company to which it is a party. 5.11.4. (d) The Company is not aware of any Security Interest security interest on, over or affecting the issued or unissued share capital of the Company and there is no agreement or commitment to give or create any such Security Interest and no claim has been made by any Person to be entitled to any such Security Interest. 5.11.5. (e) The Company has not given any guarantee, indemnity or security for, or otherwise agreed to become directly or contingently liable for, any obligation of any other individual or entity, except in its ordinary course of business, and to the best of its knowledge, no individual or entity has given any guaranty of or security for any of the Company's obligations. 5.11.6. (f) There are in force no powers of attorney given by the Company with respect to any asset or business of the Company, and no individual or entity, as agent, representative, distributor or otherwise, is entitled or authorized to bind or commit the Company to any obligation not in the ordinary course of the Company's business. 5.11.7. (g) The Company has not applied for or received any grant or allowance from any governmental authority.

Appears in 1 contract

Samples: Share Purchase Agreement (Terayon Communication Systems)

Capital Expenditure and Commitments. Except as disclosed in Part 5.11 2.11 of the Disclosure Schedule or in the Company Financial Statements: 5.11.1. (a) The Company has not undertaken to make any material capital commitment, expenditure or purchase in excess of $10,00050,000. 5.11.2. (b) The Company is not a party to any material hire, hire purchase, credit sale or conditional sale agreement or any contract providing for payment on deferred terms in respect of assets purchased by the Company. 5.11.3. (c) The Company is not in breach of any material obligation under any material deed, agreement or transaction to which it is a party, and to the best of its knowledge, no third party that has transacted business with the Company is in breach of any of its material obligations under any material deed, agreement, or transaction with the Company to which it is a party. 5.11.4. (d) The Company is not aware of any Security Interest on, over or affecting the issued or unissued share capital of the Company and there is no agreement or commitment to give or create any such Security Interest and no claim has been made by any Person to be entitled to any such Security Interest. 5.11.5. (e) The Company has not given any guarantee, indemnity or security for, or otherwise agreed to become directly or contingently liable for, any obligation of any other individual or entity, except in its ordinary course of business, and to the best of its knowledge, no individual or entity has given any guaranty of or security for any of the Company's obligations. 5.11.6. (f) There are in force no powers of attorney given by the Company with respect to any asset or business of the Company, and no individual or entity, as agent, representative, distributor or otherwise, is entitled or authorized to bind or commit the Company to any obligation not in the ordinary course of the Company's business. 5.11.7. (g) The Company has not applied for or received any grant or allowance from any governmental authority.

Appears in 1 contract

Samples: Share Purchase Agreement (Terayon Communication Systems)

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Capital Expenditure and Commitments. Except as disclosed in Part 5.11 of the Disclosure Schedule or in the Company Financial Statements: 5.11.1. The Since the date of the most current Company Financial Statements, the Company has not undertaken to make any material capital commitment, expenditure or purchase in excess of $10,000. 5.11.2. The Company is not a party to any material hire, hire purchase, credit sale or conditional sale agreement or any contract Contract providing for payment on deferred terms in respect of assets purchased by the Company. 5.11.3. The Company is not in breach of any material obligation under any material deed, agreement or transaction to which it is a party, and to the best of its knowledge, no third party that has transacted business with the Company is in breach of any of its material obligations under any material deed, agreement, or transaction with the Company to which it is a party. 5.11.4. The Company is not aware of any Security Interest on, over or affecting the issued or unissued share capital of the Company and there is no agreement or commitment to give or create any such Security Interest and no claim has been made by any Person to be entitled to any such Security Interest. 5.11.5. The Company has not given any guarantee, indemnity or security for, or otherwise agreed to become directly or contingently liable for, any obligation of any other individual or entity, except in its ordinary course of business, and to the best of its knowledge, no individual or entity has given any guaranty of or security for any of the Company's ’s obligations. 5.11.6. There are in force no powers of attorney given by the Company with respect to any asset or business of the Company, and no individual or entity, as agent, representative, distributor or otherwise, is entitled or authorized to bind or commit the Company to any obligation not in the ordinary course of the Company's ’s business. 5.11.7. The Company has not applied for or received any grant or allowance from any governmental authority.

Appears in 1 contract

Samples: Merger Agreement (Viryanet LTD)

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