Common use of Company Debt Clause in Contracts

Company Debt. No bonds, debentures, notes or other Debt of the Company or any Company Subsidiaries (i) having the right to vote on any matters on which stockholders may vote (or which is convertible into, or exchangeable for, securities having such right) or (ii) the value of which is any way based upon or derived from capital or voting stock of the Company (collectively, “Company Voting Debt”), is issued or outstanding as of the Agreement Date. Schedule 3.4(d) to the Company Disclosure Letter accurately lists all Debt of Company and Company Subsidiaries, including, for each item of Debt, the agreement governing the Debt and the interest rate, maturity date and whether or not such Debt is secured. All Debt may be prepaid at the Closing without penalty under the terms of the agreements governing such Debt.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Symantec Corp), Agreement and Plan of Merger (Symantec Corp), Agreement and Plan of Merger (Altiris Inc)

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Company Debt. No bonds, debentures, notes or other Debt of the Company or any Company Subsidiaries (i) having the right to vote on any matters on which stockholders Company Stockholders may vote (or which is convertible into, or exchangeable for, securities having such right) or (ii) the value of which is any way based upon or derived from capital or voting stock of the Company (collectively, “Company Voting Debt”), is issued or outstanding as of the Agreement Date. Schedule 3.4(d) to the Company Disclosure Letter accurately lists all Debt of Company and Company Subsidiaries, including, for each item of Debt, the agreement governing the Debt and the interest rate, maturity date and whether any assets or not properties securing such Debt is securedDebt. All Debt may be prepaid at the Closing without penalty under the terms of the agreements governing such Debt.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Force10 Networks Inc), Agreement and Plan of Merger (Carrier Access Corp)

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Company Debt. No bonds, debentures, notes or other Debt of the Company or any Company Subsidiaries (i) having the right to vote on any matters on which stockholders may vote (or which is convertible into, or exchangeable for, securities having such right) or (ii) the value of which is any way based upon or derived from capital or voting stock of the Company (collectively, “Company Voting Debt”), is issued or outstanding as of the Agreement Date. Schedule 3.4(d3.4(e) to the Company Disclosure Letter accurately lists all Debt of the Company and Company Subsidiaries, including, for each item of Debt, the agreement governing the Debt and the interest rate, maturity date and whether or not such Debt is securedDebt. All Debt may be prepaid at the Closing without penalty under the terms of the agreements governing such Debt.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stratagene Corp)

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