Contracts and Other Commitments. (A) Except as set forth in Exhibit D hereto, the Company does not have any contracts, agreements, lease or other commitment, written or oral, absolute or contingent, other than (i) contracts for the purchase of supplies and services that were entered into in the ordinary and usual course of business and that do not involve more than $100,000 and that do not extend for more than one year beyond the date hereof and (ii) contracts terminable at will by the Company on no more than 30 days notice without cost or liability to the Company and are not material to the conduct of the Company's business. (B) Except as set forth in Exhibit D hereto, the Company has not (i) declared or paid any dividends, or authorized or made any distribution upon or with respect to any class or series of its capital stock, (ii) redeemed, directly or indirectly, any shares of its capital stock or otherwise purchased shares of its capital stock, or (iii) made any loans or advances to any person, or (iv) sold, exchanged or otherwise disposed of any of its assets or rights.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Air South Airlines Inc), Series a Preferred Stock Purchase Agreement (Air South Airlines Inc)
Contracts and Other Commitments. (Aa) Except as set forth in Exhibit D hereto, the Company does not have any contracts, agreements, lease or other commitment, written or oral, absolute or contingent, other than (i) contracts for the purchase of supplies and services that were entered into in the ordinary and usual course of business and that do not involve more than $100,000 and that do not extend for more than one year beyond the date hereof and (ii) contracts terminable at will by the Company on no more than 30 days notice without cost or liability to the Company and are not material to the conduct of the Company's business.
(Bb) Except as set forth in Exhibit D hereto, the Company has not (i) declared or paid any dividends, or authorized or made any distribution upon or with respect to any class or series of its capital stock, (ii) redeemed, directly or indirectly, any shares of its capital stock or otherwise purchased shares of its capital stock, or (iii) made any loans or advances to any person, or (iv) sold, exchanged or otherwise disposed of any of its assets or rights.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Air South Airlines Inc)
Contracts and Other Commitments. (A) Except as set forth in Exhibit D A hereto, the Company does not have any contracts, agreements, lease or other commitment, written or oral, absolute or contingent, other than (i) contracts for the purchase of supplies and services that were entered into in the ordinary and usual course of business and that do not involve more than $100,000 and that do not extend for more than one year beyond the date hereof and (ii) contracts terminable at will by the Company on no more than 30 days notice without cost or liability to the Company and are not material to the conduct of the Company's business.
(B) Except as set forth in Exhibit D hereto, the Company has not (i) declared or paid any dividends, or authorized or made any distribution upon or with respect to any class or series of its capital stock, (ii) redeemed, directly or indirectly, any shares of its capital stock or otherwise purchased shares of its capital stock, or (iii) made any loans or advances to any person, or (iv) sold, exchanged or otherwise disposed of any of its assets or rights.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Air South Airlines Inc)