Common use of Completion of Transaction, etc Clause in Contracts

Completion of Transaction, etc. The Transaction shall have been ------------------------------ completed pursuant to the Transaction Documents and otherwise on terms and conditions that are satisfactory to the Agent in all respects including (a) the purchase price paid in connection with the Merger shall not exceed $48,000,000 in the aggregate; (b) the working capital shall not be less than the amount set forth in the Merger Agreement; (c) the assumption of certain transaction expenses of Pivotpoint, Inc. shall not exceed $500,000 in the aggregate; (d) the assumption of certain other liabilities of Pivotpoint, Inc. acceptable to the Agent in an amount not to exceed $2,750,000 in the aggregate; and (e) the assumption of senior secured funded indebtedness of Pivotpoint, Inc. in an amount not to exceed $2,800,000, such indebtedness to be immediately repaid on the Closing Date.

Completion of Transaction, etc. The Transaction shall have been ------------------------------ ------------------------------- completed pursuant to the Transaction Documents and otherwise on terms and conditions that are satisfactory to the Agent in all respects including (a) the purchase price paid in connection with the Merger shall not exceed $48,000,000 in the aggregate; (b) the working capital shall not be less than the amount set forth in the Merger Agreement; (c) the assumption of certain transaction expenses of Pivotpoint, Inc. shall not exceed $500,000 in the aggregate; (d) the assumption of certain other liabilities of Pivotpoint, Inc. acceptable to the Agent in an amount not to exceed $2,750,000 in the aggregate; and (e) the assumption of senior secured funded indebtedness of Pivotpoint, Inc. in an amount not to exceed $2,800,000, such indebtedness to be immediately repaid on the Closing Date.