Common use of Contract Clause in Contracts

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 25 contracts

Sources: Asset Purchase Agreement (GridIron BioNutrients, Inc.), Asset Purchase Agreement, Asset Purchase Agreement (Cardiva Medical, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 24 contracts

Sources: Acquisition Agreement, Acquisition Agreement (Marika Inc.), Merger Agreement (AIT Therapeutics, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 16 contracts

Sources: Merger Agreement, Merger Agreement (CLS Holdings USA, Inc.), Merger Agreement (Cavium, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 16 contracts

Sources: Merger Agreement (Borland Software Corp), Merger Agreement (Starbase Corp), Merger Agreement (Website Pros Inc)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnity, representationwarrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any naturenature (except, in each case, ordinary course of business purchase orders).

Appears in 13 contracts

Sources: Merger Agreement (RayzeBio, Inc.), Merger Agreement (F-Star Therapeutics, Inc.), Agreement and Plan of Merger (Turning Point Therapeutics, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 11 contracts

Sources: Merger Agreement, Share Purchase Agreement, Merger Agreement (Yelp Inc)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representationcertificate, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderproxy, insurance policy, benefit plan, plan or legally binding commitment, covenant, assurance arrangement or undertaking of any nature.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Vir Biotechnology, Inc.), Securities Purchase Agreement (Vir Biotechnology, Inc.), Merger Agreement (Acquicor Technology Inc)

Contract. “Contract” shall shall, with respect to any Person, mean any written, oral, implied oral or other agreement, contract, subcontract, lease (whether real or personal property), mortgage, understanding, arrangement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any naturenature to which such Person is a party or by which such Person or any of its assets are bound or affected under applicable law.

Appears in 6 contracts

Sources: Merger Agreement (Avatech Solutions Inc), Agreement and Plan of Merger and Reorganization (Discovery Partners International Inc), Merger Agreement (Novacea Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understandingsubcontract, arrangementgrant, funding agreement, lease, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit planplan or other legally binding understanding, commitmentarrangement, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 6 contracts

Sources: Employment Agreement (AutoWeb, Inc.), Merger Agreement (AutoWeb, Inc.), Merger Agreement (La Jolla Pharmaceutical Co)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, settlement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature, whether express or implied.

Appears in 6 contracts

Sources: Merger Agreement (XOOM Corp), Merger Agreement (Vaughan Foods, Inc.), Merger Agreement (Ebay Inc)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or legally binding commitment or undertaking of any nature.

Appears in 6 contracts

Sources: Asset Purchase Agreement (Moxian (BVI) Inc), Asset Acquisition Agreement, Asset Acquisition Agreement (Claridge Ventures, Inc.)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance order or undertaking of any naturelegally binding undertaking.

Appears in 5 contracts

Sources: Option Agreement (Oclaro, Inc.), Asset Purchase Agreement (Oclaro, Inc.), Asset Purchase Agreement (Ii-Vi Inc)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, warrant, note, guarantydebenture, indemnityindenture, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, insurance policysublicense, benefit planor legally binding commitment or undertaking, commitment, covenant, assurance or undertaking and any amendments to any of any naturethe foregoing.

Appears in 5 contracts

Sources: Merger Agreement (Tufco Technologies Inc), Merger Agreement (Sonic Solutions/Ca/), Agreement and Plan of Merger and Reorganization (Rovi Corp)

Contract. “Contract” shall mean any written, oral, implied or other written agreement, contract, understandingsubcontract, arrangementlease, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit planplan or legally binding commitment or undertaking, commitment, covenant, assurance written or undertaking of any natureoral.

Appears in 4 contracts

Sources: Merger Agreement (Opnext Inc), Merger Agreement (Oclaro, Inc.), Merger Agreement (Avanex Corp)

Contract. “Contract” shall mean any written, oral, implied or other written binding agreement, contract, subcontract, lease, settlement agreement, understanding, arrangement, instrument, loan, credit agreement, bond, debenture, note, guarantyoption, indemnitywarrant, representationlicense, warrantysublicense, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 4 contracts

Sources: Merger Agreement (Forty Seven, Inc.), Merger Agreement (Gilead Sciences Inc), Merger Agreement (Gilead Sciences Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, supply agreement, sourcing agreement, warranty, deed, assignment, power of attorney, certificate, purchase order, sales order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 4 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (Portola Pharmaceuticals Inc), Asset Purchase Agreement (Portola Pharmaceuticals Inc)

Contract. The term "Contract" shall mean and refer to any written, oral, implied or other agreement, contract, understandingmortgage, arrangementdeed of trust, instrumentbond, indenture, lease, license, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorneyfranchise, certificate, purchase orderoption, work orderwarrant, insurance policyright or other instrument, benefit plandocument, commitmentobligation or agreement, covenant, assurance whether written or undertaking of any natureoral.

Appears in 4 contracts

Sources: Asset Exchange Agreement, Asset Exchange Agreement (Avalon Cable Holdings Finance Inc), Asset Exchange Agreement (Avalon Cable Holdings Finance Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnitywarrant, representationlicense, warrantysublicense, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 3 contracts

Sources: Agreement and Plan of Merger (Intevac Inc), Agreement and Plan of Merger (Decibel Therapeutics, Inc.), Merger Agreement (Checkmate Pharmaceuticals, Inc.)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understandingsubcontract, arrangementfranchise, lease, instrument, note, guarantydebenture, indemnityindenture, representationwarrant, option, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance license or sublicense or other legally binding commitment or undertaking of any nature, whether written or oral.

Appears in 3 contracts

Sources: Merger Agreement (Maxim Integrated Products Inc), Merger Agreement (Maxim Integrated Products Inc), Agreement and Plan of Merger (Volterra Semiconductor Corp)

Contract. “Contract” shall mean any written, oral, implied written or other oral agreement, contract, understandingsubcontract, arrangementgrant, funding agreement, lease, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit planplan or other legally binding understanding, commitmentarrangement, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 3 contracts

Sources: Merger Agreement (La Jolla Pharmaceutical Co), Merger Agreement (La Jolla Pharmaceutical Co), Merger Agreement (Innoviva, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guarantydebenture, indemnityindenture, representationwarrant, option, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 3 contracts

Sources: Merger Agreement (Silicon Graphics International Corp), Merger Agreement (Applied Materials Inc /De), Merger Agreement (Applied Materials Inc /De)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnity, representationwarrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 3 contracts

Sources: Merger Agreement (Sucampo Pharmaceuticals, Inc.), Merger Agreement (Mallinckrodt PLC), Merger Agreement (Anadys Pharmaceuticals Inc)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guarantyindenture, indemnitybond, representationloan, conditional sale contract, mortgage, franchise, option, warranty, deed, assignment, power of attorney, certificate, purchase or sale order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 3 contracts

Sources: Agreement of Merger (Sun Pharmaceutical Industries LTD), Agreement of Merger (Taro Pharmaceutical Industries LTD), Merger Agreement (Taro Pharmaceutical Industries LTD)

Contract. “Contract” shall mean any written, oral, implied or other binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnitywarrant, representationlicense, warrantysublicense, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 3 contracts

Sources: Merger Agreement (Dicerna Pharmaceuticals Inc), Merger Agreement (Juno Therapeutics, Inc.), Merger Agreement (Celgene Corp /De/)

Contract. “Contract” shall mean any writtenloan or credit agreement, oralbond, implied debenture, note, mortgage, indenture, guarantee, lease or other contract, commitment, agreement, contractinstrument, arrangement, understanding, arrangementobligation, instrumentundertaking or license, notewhether oral or written (each, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any natureincluding all amendments thereto).

Appears in 3 contracts

Sources: Merger Agreement (Biosite Inc), Merger Agreement (Beckman Coulter Inc), Merger Agreement (Biosite Inc)

Contract. “Contract” shall mean any writtencontract, oralsubcontract, implied or other agreement, contractlease, understanding, arrangementinstrument, instrumentloan, credit agreement, bond, debenture, note, guarantyoption, indemnitywarrant, representationlicense, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plansublicense, commitment, covenant, assurance undertaking or undertaking of any natureother legally binding agreement.

Appears in 2 contracts

Sources: Acquisition Agreement, Merger Agreement (IVERIC Bio, Inc.)

Contract. “Contract” shall mean means any written, oral, implied oral or other agreement, contract, understandinglicense, sublicense, subcontract, lease, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, plan or legally binding commitment, covenant, assurance understanding or undertaking of any nature.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Raptor Pharmaceutical Corp), Asset Purchase Agreement (Raptor Pharmaceutical Corp)

Contract. “Contract” shall shall, with respect to any Person, mean any written, oral, implied or other written agreement, contract, subcontract, lease (whether real or personal property), mortgage, understanding, arrangement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any naturenature to which such Person is a party or by which such Person or any of its assets are bound or affected under applicable law.

Appears in 2 contracts

Sources: Merger Agreement (InterWest Partners IX, LP), Merger Agreement (Transcept Pharmaceuticals Inc)

Contract. “Contract” shall mean any writtenlegally binding, oralexpress or implied, implied written or other oral agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance arrangement or undertaking of any natureundertaking.

Appears in 2 contracts

Sources: Merger Agreement (Verity Inc \De\), Merger Agreement (Verity Inc \De\)

Contract. “Contract” shall mean any written, oral, implied written or other oral binding agreement, contract, subcontract, lease, settlement agreement, understanding, arrangement, instrument, note, guarantyloan, indemnitycredit agreement, representationbond, warrantydebenture, deednote, assignmentoption, power of attorneywarrant, certificatelicense, purchase ordersublicense, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 2 contracts

Sources: Merger Agreement (Allergan PLC), Agreement and Plan of Merger (Tobira Therapeutics, Inc.)

Contract. “Contract” shall mean any written, oral, implied written or other oral agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnity, representationwarrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any naturenature (except, in each case, ordinary course of business purchase orders).

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Zeltiq Aesthetics Inc), Merger Agreement (Zeltiq Aesthetics Inc)

Contract. “Contract” shall mean any written, oral, implied or other binding agreement, contract, subcontract, lease, sublease, understanding, instrument, bond, debenture, note, option, warrant, license, sublicense, obligation, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Merger Agreement (BIG 5 SPORTING GOODS Corp), Merger Agreement (OptiNose, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnity, representationwarrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any naturenature (except, in each case, purchase orders).

Appears in 2 contracts

Sources: Merger Agreement (Lyris, Inc.), Merger Agreement (Hot Topic Inc /Ca/)

Contract. “Contract” shall mean any legally binding written, oral, implied oral or other agreement, amendment, contract, subcontract, lease, understanding, arrangement, instrument, note, guarantydebenture, indemnityindenture, representationwarrant, option, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or other similar legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Merger Agreement (Intel Corp), Merger Agreement (Altera Corp)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.. ​ ​

Appears in 2 contracts

Sources: Asset Purchase Agreement (ReShape Lifesciences Inc.), Asset Purchase Agreement (ReShape Lifesciences Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Accelrys, Inc.), Asset Purchase Agreement (Symyx Technologies Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understandingsubcontract, arrangementlease, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit planplan or legally binding commitment or undertaking, commitment, covenant, assurance written or undertaking of any natureoral.

Appears in 2 contracts

Sources: Merger Agreement (Gulfmark Offshore Inc), Merger Agreement (Tidewater Inc)

Contract. “Contract” shall mean means any written, oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Ideal Power Inc.), Asset Purchase Agreement (Ideal Power Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, understandingsubcontract, lease, arrangement, understanding, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, terms of service or terms of use, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Share Purchase Agreement (CaesarStone Sdot-Yam Ltd.), Stock Purchase Agreement (Silicon Graphics International Corp)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, settlement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, policy or benefit plan, commitment, covenant, assurance or undertaking of any naturein each case which is legally binding.

Appears in 2 contracts

Sources: Merger Agreement, Agreement and Plan of Merger (Fortress Investment Group LLC)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnity, representationwarrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any naturenature (except, in each case, purchase orders entered into in the Ordinary Course of Business).

Appears in 2 contracts

Sources: Merger Agreement (Enel Green Power North America, Inc.), Merger Agreement (Enernoc Inc)

Contract. “Contract” shall mean any written, (written or oral, implied or other ) agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Merger Agreement (Poseida Therapeutics, Inc.), Merger Agreement (Poseida Therapeutics, Inc.)

Contract. “Contract” shall mean mean, with respect to any Person, any legally binding written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance assurance, obligation, promise or undertaking of any naturenature to which such Person is a party or by which its properties or assets maybe bound or affected or under which it or its business, properties or assets receive benefits.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Shumate Industries Inc), Merger Agreement (Bea Systems Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understandingsubcontract, arrangementlease, instrument, note, guarantydebenture, indemnityindenture, representationwarrant, option, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance license or sublicense or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Merger Agreement (Riverbed Technology, Inc.), Merger Agreement (Opnet Technologies Inc)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnity, representationwarrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Merger Agreement (Merck & Co., Inc.), Merger Agreement (Immune Design Corp.)

Contract. “Contract” shall mean any legally binding written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Merger Agreement (Ipass Inc), Merger Agreement (GoRemote Internet Communications, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, understandingsubcontract, arrangementlease, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 2 contracts

Sources: Merger Agreement (Netscout Systems Inc), Merger Agreement (Synopsys Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking legally binding commitment of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Flir Systems Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificatepurchase order, purchase sales order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Volcano CORP)

Contract. “Contract” shall mean any written, oral, implied or other legally binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyindenture, indemnityoption, representationwarrant, warranty, deedpurchase order, assignmentlicense, sublicense, power of attorney, certificatedeed of trust, purchase orderloan or evidence of Indebtedness, work orderguaranty, letter of credit, insurance policy, benefit plan, commitmentemployment agreement, covenantsettlement agreement, assurance franchise agreement or legally binding commitment or undertaking of any naturenature (except, in each case, ordinary course of business purchase orders).

Appears in 1 contract

Sources: Merger Agreement (Cornerstone OnDemand Inc)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, warrant, note, guarantydebenture, indemnityindenture, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, insurance policysublicense, benefit plan, commitment, covenant, assurance or undertaking of any naturelegally binding commitment or undertaking.

Appears in 1 contract

Sources: Merger Agreement (Gilead Sciences Inc)

Contract. “Contract” shall mean any written, oral, implied or other written agreement, contract, understandingsubcontract, arrangementgrant, funding agreement, lease, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit planplan or other legally binding understanding, commitmentarrangement, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 1 contract

Sources: Merger Agreement (Applied Genetic Technologies Corp)

Contract. “Contract” shall mean means any writtenwritten or oral contract (including unwritten undertakings or practices based on any course of dealing), oralsubcontract, implied or other agreement, contractlease, understanding, arrangement, instrumentlicense, note, guarantymortgage, indemnityindenture, representation, warranty, deed, assignment, power deed of attorney, certificate, purchase order, work order, insurance policy, benefit plantrust, commitment, covenant, assurance sale or undertaking purchase order and any other instrument or agreement of any naturekind, and any amendments or supplements thereto.

Appears in 1 contract

Sources: Sale and Purchase Agreement (W R Grace & Co)

Contract. “Contract” shall mean any written, oral, implied written or other oral agreement, contract, subcontract, lease, license, covenant, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Merger Agreement (inContact, Inc.)

Contract. “Contract” shall mean any legally binding written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Merger Agreement (Cysive Inc)

Contract. “Contract” shall mean any written, oral, implied or other written agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Discovery Partners International Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance covenant or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Planetout Inc)

Contract. “Contract” shall mean any writtencontract, oralsubcontract, implied or other agreement, contract, understanding, arrangement, instrumentcommitment, note, guarantybond, indemnitymortgage, representationindenture, warrantylease, deedlicense, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance sublicense or undertaking other instrument or binding arrangement or understanding of any naturekind or character, whether oral or in writing.

Appears in 1 contract

Sources: Merger Agreement (Cypress Semiconductor Corp /De/)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Put/Call Agreement (Planetout Inc)

Contract. “Contract” shall mean any written, oral, implied or other legally binding agreement, contract, subcontract, lease, settlement agreement, understanding, arrangement, instrument, loan, credit agreement, bond, debenture, note, guarantyoption, indemnitywarrant, representationlicense, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plansublicense, commitment, covenantundertaking or other arrangement, assurance whether written or undertaking of any natureoral.

Appears in 1 contract

Sources: Merger Agreement (Stemline Therapeutics Inc)

Contract. “Contract” shall will mean any written, oral, implied or other written (including electronic) agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, commitment, covenant, mortgage, indenture, lease, plan, insurance policy, benefit planpermit, commitmentconcession, covenantfranchise, license, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Lm Funding America, Inc.)

Contract. “Contract" shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Agreement and Plan of Merger and Reorganization (MIGENIX Inc.)

Contract. “Contract” shall mean any legally binding written, oral, implied oral or other agreement, contract, subcontract, lease, assignment, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 1 contract

Sources: Merger Agreement (Borland Software Corp)

Contract. “Contract” shall mean any written, oral, implied written or other oral agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Momenta Pharmaceuticals Inc)

Contract. “Contract” shall mean any written, oral, implied or other binding and effective agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, binding assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Esim LTD)

Contract. “Contract” shall mean any written, oral, implied oral or other legally binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or other legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Merger Agreement (Websense Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or other legally enforceable undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement

Contract. “Contract” shall mean any written, oral, implied or other binding agreement, contract, subcontract, lease, sublease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnitywarrant, representationlicense, warrantysublicense, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 1 contract

Sources: Merger Agreement (Alcon Inc)

Contract. “Contract” shall mean any written, oral, implied written or other oral binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, loan, credit agreement, note, guarantyoption, indemnitywarrant, representationlicense, warrantysublicense, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 1 contract

Sources: Merger Agreement (Alder Biopharmaceuticals Inc)

Contract. “Contract” shall mean any written, oral, implied or other legally binding agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, policy or benefit plan, commitment, covenant, assurance or undertaking plan of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Fairmarket Inc)

Contract. “Contract” shall mean any written, oral, implied or other legally binding agreement, contract, subcontract, lease, sublease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnitywarrant, representationlicense, warrantysublicense, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Staar Surgical Co)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, settlement agreement, lease, binding understanding, arrangement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any naturenature that is legally binding.

Appears in 1 contract

Sources: Merger Agreement (Pegasystems Inc)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit beneft plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Integrated Surgical Systems Inc)

Contract. “Contract” shall mean any written, oral, implied written or other oral agreement, contract, understanding, arrangementlicense, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Verisign Inc/Ca)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnity, representationwarrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature, except in each case, ordinary course of business purchase orders.

Appears in 1 contract

Sources: Merger Agreement (Volcano Corp)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, subcontract, lease, understanding, arrangement, settlement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature, whether express or implied.

Appears in 1 contract

Sources: Merger Agreement (Applied Materials Inc /De)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, promise, understanding, instrument, obligation, license, arrangement, instrumentpermit, noteconcession, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificatefranchise, purchase order, work ordersales order contract, note, bond, warranty, mortgage, indenture, deed of trust, loan, credit agreement, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Perion Network Ltd.)

Contract. “Contract” shall mean any written, oral, implied or other legally binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnitywarrant, representationlicense, warranty, deed, assignment, power of attorney, certificatesublicense, purchase order, work sales order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 1 contract

Sources: Merger Agreement (Akero Therapeutics, Inc.)

Contract. “Contract” shall mean means any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representationcertificate, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderproxy, insurance policy, benefit plan, plan or legally binding commitment, covenant, assurance arrangement or undertaking of any nature.

Appears in 1 contract

Sources: Asset Acquisition Agreement (Panacea Acquisition Corp)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderopen bid, outstanding offer, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Endwave Corp)

Contract. “Contract” shall mean means any written, oral, implied implied, or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature, and shall include, without limitation, arrangements relating to employment.

Appears in 1 contract

Sources: Merger Agreement (Dauphin Technology Inc)

Contract. “Contract” shall mean any written, oral, implied or other written agreement, contract, subcontract, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Merger Agreement (St. Bernard Software, Inc.)

Contract. “Contract” shall mean any written, oral, implied written or other oral agreement, contract, understandingsubcontract, arrangementsettlement agreement, lease, sublease, instrument, permit, concession, franchise, binding understanding, note, guarantyoption, indemnitybond, representationmortgage, warrantyindenture, deedtrust document, assignmentloan or credit agreement, power of attorneylicense, certificate, purchase order, work ordersublicense, insurance policy, benefit plan, commitment, covenant, assurance policy or other legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (MapLight Therapeutics, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, purchase order, lease, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Share Purchase Agreement (Applied Materials Inc /De)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, license, covenant, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Member Units Purchase Agreement (Vegalab, Inc.)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any naturenature set forth on Schedule 1.1(a)(iv).

Appears in 1 contract

Sources: Asset Purchase Agreement (Vuance)

Contract. “Contract” shall mean any written, oral, implied or other binding agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, loan, note, guarantyoption, indemnitywarrant, representationlicense, warrantysublicense, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance commitment or undertaking of any natureundertaking.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Akcea Therapeutics, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, license, sublease, sublicense, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature.

Appears in 1 contract

Sources: Merger Agreement (Insmed Inc)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, sublease, understanding, arrangement, instrument, bond, debenture, note, guarantymortgage, indemnityindenture, representationloan, credit agreement, option, warrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or legally binding commitment or undertaking of any nature, including all amendments, supplements or modifications thereto.

Appears in 1 contract

Sources: Merger Agreement (Amgen Inc)

Contract. “Contract” shall mean any written, oral, implied written or other oral agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Stock Purchase Agreement (Aclaris Therapeutics, Inc.)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, settlement, instrument, note, guaranty, indemnity, representationoption, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or undertaking of any naturelegally binding commitment or undertaking.

Appears in 1 contract

Sources: Merger Agreement (Compellent Technologies Inc)

Contract. “Contract” shall mean means any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Purchase Agreement (Comscore, Inc.)

Contract. “Contract” shall mean any written, oral, implied or other agreement, contract, understanding, arrangement, instrument, note, guaranty, indemnity, representation, warranty, deed, assignment, power of attorney, certificate, purchase order, work order, insurance policy, benefit plan, commitment, covenant, assurance or undertaking of any nature.

Appears in 1 contract

Sources: Asset Contribution Agreement (Ndchealth Corp)

Contract. “Contract” shall mean any written, oral, implied oral or other agreement, contract, subcontract, lease, understanding, arrangement, instrument, bond, debenture, note, guarantyoption, indemnity, representationwarrant, warranty, deed, assignment, power of attorney, certificate, purchase order, work orderlicense, sublicense, insurance policy, benefit plan, commitment, covenant, assurance plan or other legally binding commitment or undertaking of any naturenature (except, in each case, ordinary course of business purchase orders), and any amendments or supplements thereto.

Appears in 1 contract

Sources: Merger Agreement (ConvergeOne Holdings, Inc.)