Common use of Contracts and Other Obligations Clause in Contracts

Contracts and Other Obligations. Except with respect to this transaction, BPO is not a party to, or otherwise bound by, any written or oral: (i) Contract or agreement not made in the ordinary course of business, except as disclosed on Schedule 3. 1(m)(i); (ii) Employment or consultant contract which is not terminable at will without cost or other liability to BPO or any successor, except as disclosed on Schedule 3.1 (m)(ii); (iii) Contract with any labor union, except as disclosed on Schedule 3.1 (m)(iii); (iv) Bonus, pension, profit-sharing, retirement, share purchase, stock option, hospitalization, group insurance, or similar plan providing employee benefits except as disclosed on Schedule 3.1 (m)(iv); (v) Advertising contract or contract for public relations services, except as disclosed on Schedule 3. 1(m)(v); (vi) Purchase, supply, or service contracts in excess of $2,500 each, or in the aggregate of $15,000 for all such contracts whether below or above $2,500, except as disclosed on Schedule 3.1 (m)(vi); (vii) Deed of trust, mortgage, conditional sales contract, security agreement, pledge agreement, trust receipt, or any other agreement or arrangement whereby any of the assets or properties of BPO are subjected to a lien, encumbrance, charge, or other restriction, except as disclosed on Schedule 3.1 (m)(vii); (viii) Contract or other commitment continuing for a period of more than 30 days and which is not terminable without cost or other liability to BPO or its successor, except as disclosed on Schedule 3.1 (m)(viii); (ix) Contract which (a) contains a redetermination of price or similar type of provision; or (b) provides for a fixed price for goods or services sold, except as disclosed on Schedule 3.1 (m)(i); or (x) Contract or arrangement containing any covenant limiting the right of BPO to compete in any business or with any person. BPO has in all material respects performed all obligations required to be performed by it to date and is not in material default under any of the contracts, agreements, leases, documents, or other arrangements to which it is a party or by which it is otherwise bound. To the best of BPO's knowledge, all parties with whom BPO has contractual arrangements are in material compliance therewith and are not in default thereunder.

Contracts and Other Obligations. Except with respect to this transactionTransaction, BPO the Seller is not a party to, or otherwise bound by, any written or oral: (i) Contract or agreement not made in the ordinary course of business, except as disclosed on Schedule 3. 1(m)(i); (ii) Employment or consultant contract which is not terminable at will without cost or other liability to BPO the Seller or any successor, except as disclosed on Schedule 3.1 (m)(ii); (iii) Contract with any labor union, except as disclosed on Schedule 3.1 (m)(iii); (iv) Bonus, pension, profit-sharing, retirement, share purchase, stock option, hospitalization, group insurance, or similar plan providing employee benefits except as disclosed on Schedule 3.1 (m)(iv)benefits; (v) Advertising contract or contract for public relations services, except as disclosed on Schedule 3. 1(m)(v); (vi) Purchase, supply, or service contracts contacts in excess of $2,500 25,000 each, or in the aggregate of $15,000 150,000 for all such contracts whether below or above $2,50025,000, except as disclosed on Schedule 3.1 (m)(vi)1.1; (vii) Deed of trust, mortgage, conditional sales contract, security agreement, pledge agreement, trust receipt, or any other agreement or arrangement whereby any of the assets or properties of BPO the Seller are subjected to a lien, encumbrance, charge, or other restriction, except as disclosed on Schedule 3.1 (m)(vii)1.1; (viii) Contract or other commitment continuing for a period of more than 30 days and which is not terminable without cost or other liability to BPO the Seller or its successor, except as disclosed on Schedule 3.1 (m)(viii)1.1; (ix) Contract which (a) contains a redetermination of price or similar type of provision; or (b) provides for a fixed price for goods or services service sold, except as disclosed on Schedule 3.1 (m)(i)1.1; or (x) Contract or arrangement containing any covenant limiting the right of BPO the Seller to compete in any business or with any person. BPO The Seller has in all material respects performed all obligations required to be performed by it to date and is not in material default under any of the contracts, agreements, leases, documents, or other arrangements to which it is a party or by which it is otherwise bound. To the best of BPOthe Seller's knowledge, all parties with whom BPO the Seller has contractual arrangements are in material compliance therewith and are not in default thereunder.

Contracts and Other Obligations. Except with respect to this transaction, BPO is not a party to, or otherwise bound by, any written or oral: (i) Contract or agreement not made in the ordinary course of business, except as disclosed on Schedule 3. 1(m)(i); (ii) Employment or consultant contract which is not terminable at will without cost or other liability to BPO or any successor, except as disclosed on Schedule 3.1 (m)(ii); (iii) Contract with any labor union, except as disclosed on Schedule 3.1 (m)(iiim) (iii); (iv) Bonus, pension, profit-sharing, retirement, share purchase, stock option, hospitalization, group insurance, or similar plan providing employee benefits except as disclosed on Schedule 3.1 (m)(iv); (v) Advertising contract or contract for public relations services, except as disclosed on Schedule 3. 1(m)(v); (vi) Purchase, supply, or service contracts in excess of $2,500 each, or in the aggregate of $15,000 for all such contracts whether below or above $2,500, except as disclosed on Schedule 3.1 (m)(vi); (vii) Deed of trust, mortgage, conditional sales contract, security agreement, pledge agreement, trust receipt, or any other agreement or arrangement whereby any of the assets or properties of BPO are subjected to a lien, encumbrance, charge, or other restriction, except as disclosed on Schedule 3.1 (m)(vii); (viii) Contract or other commitment continuing for a period of more than 30 days and which is not terminable without cost or other liability to BPO or its successor, except as disclosed on Schedule 3.1 (m)(viii); (ix) Contract which (a) contains a redetermination of price or similar type of provision; or (b) provides for a fixed price for goods or services sold, except as disclosed on Schedule 3.1 (m)(i); or (x) Contract or arrangement containing any covenant limiting the right of BPO to compete in any business or with any person. BPO has in all material respects performed all obligations required to be performed by it to date and is not in material default under any of the contracts, agreements, leases, documents, or other arrangements to which it is a party or by which it is otherwise bound. To the best of BPO's knowledge, all parties with whom BPO has contractual arrangements are in material compliance therewith and are not in default thereunder.

Contracts and Other Obligations. Except with respect to this transaction, BPO The Acquiror is not a party to, to or otherwise bound by, any written or oral: (ia) Contract or agreement not made in the ordinary course of business, except as disclosed on Schedule 3. 1(m)(i); (iib) Employment or consultant contract which is not terminable at will without cost or other liability to BPO the Acquiror or any successor, except as disclosed on Schedule 3.1 (m)(ii)3.2(11)(b) hereto; (iiic) Contract with any labor union, except as disclosed on Schedule 3.1 (m)(iii); (ivd) Bonus, pension, profit-sharing, retirement, share purchase, stock option, hospitalization, group insurance, or similar plan providing employee benefits benefits, except as disclosed on Schedule 3.1 (m)(iv)in its filings with the Securities and Exchange Commission; (ve) Lease with respect to any property, real or personal, whether as lessor or lessee; (f) Advertising contract or contract for public relations services, except as disclosed on Schedule 3. 1(m)(v); (vig) Purchase, supply, or service contracts in excess of $2,500 1,000 each, or in the aggregate of $15,000 10,000 for all such contracts whether below or above $2,500, except as disclosed on Schedule 3.1 (m)(vi)1,000; (viih) Deed of trust, mortgage, conditional sales contract, security agreement, pledge agreement, trust receipt, or any other agreement or arrangement whereby any of the assets or properties of BPO the Acquiror are subjected to a lien, encumbrance, charge, or other restriction, except as disclosed on Schedule 3.1 (m)(vii)3.2(11)(h) thereto; (viiii) Contract or other commitment continuing for a period of more than 30 then thirty days and which is not terminable without cost or other liability to BPO the Acquiror or its successor, except as disclosed on Schedule 3.1 (m)(viii);; or (ixj) Contract which (ai) contains a redetermination of price or similar type of provision; or (bii) provides for a fixed price for goods or services sold, except as disclosed on Schedule 3.1 (m)(i); or. (xk) Contract or arrangement containing any covenant limiting the right of BPO to compete which will result in any business or with any person. BPO an excess parachute payment under Code Section 280G. The Acquiror has in all material respects performed all obligations required to be performed by it to date and is not in material default under any of the contracts, agreements, leases, documents, or other arrangements to which it is a party or by which it is otherwise bound. To the best of BPOAcquiror's knowledge, all parties with whom BPO the Acquiror has contractual arrangements are in material compliance therewith and are not in default thereunder.

Contracts and Other Obligations. Except with respect Schedule 3.2 constitutes a full and complete list (subject to this transactionthe dollar amounts set forth in clause (vii) below) of each partially or totally executory contact or agreement to which the Purchaser is a party or by which it is bound. Other than as set forth on Schedule 3.2, BPO the Purchaser is not a party to, to or otherwise bound by, any written or oral: (i) Contract or agreement not made in the ordinary course of business, except as disclosed on Schedule 3. 1(m)(i); (ii) Employment or consultant contract which is not terminable at will without cost or other liability to BPO the Purchaser or any successor, except as disclosed on Schedule 3.1 (m)(ii); (iii) Contract with any labor union, except as disclosed on Schedule 3.1 (m)(iii); (iv) Bonus, pension, profit-sharing, retirement, share purchase, stock option, hospitalization, group insurance, or similar plan providing employee benefits benefits, except as disclosed on Schedule 3.1 (m)(iv)in its filings with the Securities and Exchange Commission; (v) Lease with respect to any property, real or personal, whether as lessor or lessee; (vi) Advertising contract or contract for public relations services, except as disclosed on Schedule 3. 1(m)(v); (vivii) Purchase, supply, or service contracts in excess of $2,500 1,000 each, or in the aggregate of $15,000 10,000 for all such contracts whether below or above $2,500, except as disclosed on Schedule 3.1 (m)(vi)1,000; (viiviii) Deed of trust, mortgage, conditional sales contract, security agreement, pledge agreement, trust receipt, or any other agreement or arrangement whereby any of the assets or properties property of BPO the Purchaser are subjected to a lien, encumbrance, charge, or other restriction, except as disclosed on Schedule 3.1 (m)(vii); (viiiix) Contract or other commitment continuing for a period of more than 30 days and which is not terminable without cost or other liability to BPO the Purchaser or its successor, except as disclosed on Schedule 3.1 (m)(viii); (ixx) Contract which (a) contains a redetermination of price or similar type of provision; provision or (b) provides for a fixed price for goods or services sold, except as disclosed on Schedule 3.1 ; (m)(i)xi) Contract or arrangement which will result in an excess parachute payment under Code Section 280G of the Internal Revenue Code; or (xxii) Contract Contact or arrangement containing any covenant limiting the right of BPO the Purchaser to compete in any business or with any person. BPO The Purchaser has in all material respects performed all obligations required to be performed by it to date and is not in material default under any of the contracts, agreements, agreements leases, documents, or other arrangements to which it is a party or by which it is otherwise bound. To the best of BPOPurchaser's knowledge, all parties with whom BPO the Purchaser has contractual arrangements are in material compliance therewith and are not in default thereunder.