Certain Leases, Agreements, Etc. Schedule 3.1D sets forth a list (including, in the case of oral arrangements, a written description of all material terms thereof) of each lease, contract, agreement or other commitment, written or otherwise, to which North Central or any of North Central’s Affiliates is a party (other than leases, contracts, agreements or commitments furnished pursuant to other paragraphs of this Section) and which is in any way not yet performed, involving:
(i) The purchase of any services, raw materials, supplies or equipment, exclusive of (x) any purchase order for the purchase of products or services required in the ordinary course of business involving payment of less than $10,000 per annum or an aggregate of less than $20,000, and (y) any purchase order not in the ordinary course of business involving payment of less than $5,000;
(ii) The sale of assets, products or services involving a value estimated at more than $10,000, or any contract for provision of service warranties, sales credits, product returns, or discounts, warehouse allowances, advertising allowances or promotional services; or
(iii) any distributor or sales representative or similar broker, dealer or agent of North Central’s or North Central’s Affiliates’ products. Prior to the date of this Agreement, Sellers have made available to Buyer true and complete copies of all written agreements identified in Schedule 3.1D.
Certain Leases, Agreements, Etc. Section 4.1D of the Company Disclosure Schedule sets forth a list (including, in the case of oral arrangements, a written description of all material terms thereof) of each lease, Contract or other commitment, written or otherwise, to which the Company is a party (other than leases, Contracts, or commitments furnished pursuant to other paragraphs of this Section 4.1), which has not yet been fully performed, involving:
(i) The purchase of any services, raw materials, supplies or equipment, exclusive of (x) purchase orders for the purchase of products or services required in the ordinary course of business involving payment of less than $5,000 per quarter or an aggregate of less than $20,000, and (y) purchase orders not in the ordinary course of business involving payment of less than $5,000 individually or $20,000 in the aggregate for similar items;
(ii) The sale of assets, products or services not in the ordinary course of business involving a value estimated at more than $20,000 or any Contract for provision of service warranties, sales credits, product returns, or discounts, warehouse allowances, advertising allowances or promotional services;
(iii) Any research and development activities or clinical studies. Prior to the date of this Agreement, the Company has delivered to Parent true and complete copies of all written agreements identified in Section 4.1D of the Company Disclosure Schedule.
Certain Leases, Agreements, Etc. Schedule 3.1D sets forth a list (including, in the case of oral arrangements, a written description of all material terms thereof of each lease, contract, agreement or other commitment, written or otherwise, to which Xxxxxxxxx Equipment is a party (other than leases, contracts, agreements or commitments furnished pursuant to other paragraphs of this Section) and which is in any way not yet performed, involving:
(i) The purchase of any services, raw materials, supplies or equipment, exclusive of (x) any purchase order for the purchase of products or services required in the ordinary course of business involving payment of less than $10,000.00 per annum or an aggregate of less than $20,000.00, and (y) any purchase order not in the ordinary course of business involving payment of less than $5,000.00;
(ii) The sale of assets, products or services involving a value estimated at more than $10,000.00, or any contract for provision of service warranties, sales credits, product returns, or discounts, warehouse allowances, advertising allowances or promotional services; or
(iii) Any distributor or sales representative or similar broker, dealer or agent of Xxxxxxxxx Equipment products. Prior to the date of this Agreement, Seller has made available to Buyer true and complete copies of all written agreements identified in Schedule 3.1D.
Certain Leases, Agreements, Etc. Section 4.1D of the Company Disclosure Schedule sets forth a list (including, in the case of oral arrangements, a written description of all material terms thereof) of each lease, contract, agreement or other commitment, written or otherwise, to which the Company is a party (other than leases, contracts, agreements or commitments furnished pursuant to other paragraphs of this Section 4.1) and which is in any way not yet fully performed, involving:
(i) The purchase of any services, raw materials, supplies or equipment, exclusive of (x) purchase orders for the purchase of products or services required in the ordinary course of business involving payment of less than $5,000 per quarter or an aggregate of less than $20,000, and (y) purchase orders not in the ordinary course of business involving payment of less than $3,000 individually or $5,000 in the aggregate for similar items;
(ii) The sale of assets, products or services involving a value estimated at more than $5,000 or any contract for provision of service warranties, sales credits, product returns, or discounts, warehouse allowances, advertising allowances or promotional services; or
(iii) any distributor or sales representative or similar broker, dealer or agent of the Company's products. Prior to the date of this Agreement, the Company has delivered to Parent true and complete copies of all written agreements identified in Section 4.1D of the Company Disclosure Schedule.
