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, Merger Agreement, Merger Agreement (NXT-Id, 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: Merger Agreement (Versata Inc), Merger Agreement (Paypal Inc), Merger Agreement (Old Guard Group 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 in the aggregate;
Appears in 4 contracts
Samples: Share Exchange Agreement (Zoom Technologies Inc), Share Exchange Agreement (New Century Companies Inc), Merger Agreement (Alyst 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), Merger Agreement (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: Merger Agreement (Loudeye Technologies Inc), Agreement and Plan of Reorganization (Salon Com), Agreement and Plan of Reorganization (Measurex Corp /De/)
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 (Novellus Systems Inc), Merger Agreement (Speedfam Ipec Inc), Agreement and Plan of 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 US$3,000,000 individually or in the aggregate;
Appears in 3 contracts
Samples: Merger Agreement (Pantheon China Acquisition Corp.), Merger Agreement (Pantheon Arizona Corp.), Merger Agreement (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 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 practicebusiness;
Appears in 2 contracts
Samples: Merger Agreement (Cytyc Corp), Agreement and Plan of Reorganization (Polycom Inc)
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: Merger Agreement (Bea Systems Inc), Merger Agreement (Plumtree Software Inc)
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 material capital expenditures, -------------------- capital additions or capital improvements except in the ordinary course of business and consistent with past practice;
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 and in an amount which does not exceed $10,000 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 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 practicepractice that do not exceed $300,000 individually or in the aggregate;
Appears in 1 contract
Capital Expenditures. Make any capital expenditures, capital -------------------- additions or capital improvements in excess of $10,000 except in the ordinary course of business and consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Genesys Telecommunications Laboratories 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 $5,000 individually or in the aggregate;
Appears in 1 contract
Samples: Merger Agreement (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 practice;.
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 $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
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 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: Merger Agreement (Micrel Inc)
Capital Expenditures. Make Except as Previously Disclosed, make any capital expenditures, expenditure or capital additions or capital improvements except other than in the ordinary and usual course of business and consistent with past practice;.
Appears in 1 contract
