Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practice;
Appears in 51 contracts
Samples: Business Acquisition Agreement, Agreement and Plan of Merger, Agreement and Plan of Merger (NXT-Id, Inc.)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice that do not exceed $100,000 individually or $500,000 in the aggregate;
Appears in 8 contracts
Samples: Agreement and Plan of Merger and Reorganization (Active Voice Corp), Agreement and Plan of Merger and Reorganization (E-Medsoft Com), Agreement and Plan of Merger and Reorganization (Cisco Systems Inc)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements improvements, except in the ordinary course of business and consistent with past practice;
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Paypal Inc), Agreement and Plan of Merger (Versata Inc), Agreement and Plan of Reorganization (Amerilink Corp)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice that do not exceed $100,000 individually or in the aggregate;
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Alyst Acquisition Corp.), Share Exchange Agreement (New Century Companies Inc), Membership Interest Purchase Agreement (Global Services Partners Acquisition Corp.)
Capital Expenditures. Make any capital expenditures, capital -------------------- additions or capital improvements except in the ordinary course of business and consistent with past practice;
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Fogdog Inc), Agreement and Plan of Reorganization (Agile Software Corp), Agreement and Plan of Reorganization (Kana Communications Inc)
Capital Expenditures. Make any capital expenditures, -------------------- capital additions or capital improvements except in the ordinary course of business and consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Measurex Corp /De/), Agreement and Plan of Reorganization (Salon Com), Agreement and Plan of Reorganization (Loudeye Technologies Inc)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice that do not exceed US$3,000,000 individually or in the aggregate;
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Pantheon China Acquisition Corp.), Agreement and Plan of Merger (Pantheon Arizona Corp.), Agreement and Plan of Merger (China Cord Blood Corp)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practice, and not withstanding the above, make any such expenditures, additions or improvements in excess of $250,000 in any one case;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Speedfam Ipec Inc), Agreement and Plan of Reorganization (Novellus Systems Inc), Agreement and Plan of Merger and Reorganization (Novellus Systems Inc)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice that do not exceed $10,000 individually or in the aggregate;
Appears in 3 contracts
Samples: Share Exchange Agreement (WebXU, Inc.), Share Exchange Agreement (WebXU, Inc.), Share Exchange Agreement (Beyond Commerce)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practice, and not withstanding the above, make any such expenditures, additions or improvements in excess of $500,000;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bea Systems Inc), Agreement and Plan of Merger (Plumtree Software Inc)
Capital Expenditures. Make make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practice;
Appears in 1 contract
Samples: Asset Purchase Agreement (Atheros Communications Inc)
Capital Expenditures. Make any material capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practice;; (j)
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Rational Software Corp)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice that do not exceed $250,000 individually or in the aggregate;
Appears in 1 contract
Capital Expenditures. Make any capital expenditures, capital -------------------- additions or capital improvements except for (i) capital expenditures in the ordinary course of business and consistent with past practice, or (ii) individual capital expenditures not exceeding $25,000;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Targeted Genetics Corp /Wa/)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice that do not exceed $5,000 individually or in the aggregate;
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (SP Holding CORP)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice that do not exceed $50,000 individually or in the aggregate;
Appears in 1 contract
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practice;; (l)
Appears in 1 contract
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice that do not exceed $300,000 individually or in the aggregate;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Middle Kingdom Alliance Corp.)
Capital Expenditures. Make any capital expenditures, capital -------------------- additions or capital improvements relating to the Business except in the ordinary course of business and consistent with past practice;
Appears in 1 contract
Capital Expenditures. Make any material capital expenditures, -------------------- capital additions or capital improvements except in the ordinary course of business and consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Rational Software Corp)
Capital Expenditures. Make any capital expenditures, capital additions or capital improvements except in the ordinary course of business and consistent with past practicepractice and in an amount which does not exceed $5,000 in the aggregate;
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Micrel Inc)
