Contracts; Customers and Suppliers. (a) Attached to Schedule 4.17(a) of the Disclosure Statement is a complete list of all contracts, leases, licenses or other instruments, agreements or binding commitments, whether or not in written form, to which the Company (or any of its properties or assets) or either Shareholder (in connection with the Business) is a party, is bound, or otherwise subject or otherwise is related to its Business and which provides for or falls within any of the following categories (collectively, the "Contracts"):
Contracts; Customers and Suppliers. (a) Attached to Schedule 4.15(a) is a complete list of all Contracts (whether written or oral) to which the Seller is a party, and which is primarily related to the Business, and in either case which provides for or falls within any of the following categories (collectively, the "Contracts"):
Contracts; Customers and Suppliers. (a) To the Knowledge of Seller, Schedule 8.7 lists all material contracts, agreements, guarantees of payment or performance, licenses, leases of personal property or conditional sales contracts and all sales agency, sales representative and severance agreements, and all employment and consulting agreements providing for annual base payments in excess of $75,000, relating to or affecting the Business which extend beyond the Closing Date, other than (i) purchase orders and sales orders entered into in the ordinary course of business and (ii) contracts which by their terms terminate or are unconditionally terminable by Seller without penalty within one year after the date hereof and which individually involve a commitment for less than $125,000. Except as set forth on Schedule 8.7, Seller and each Purchased Subsidiary have in all material respects performed all the obligations required to be performed by them to date, and are not in default in any respect under any Assigned Contract except for possible defaults which do not in any material respect impair the ability of the Business to conduct its operations as heretofore conducted.
Contracts; Customers and Suppliers. (a) Section 4.16(a) of the Disclosure Schedules sets forth a true, complete and accurate list, and the Company has made available to Buyer true and complete copies, in each case as of the date hereof, of each Contract and all amendments and modifications thereto to which the Company or any of its Subsidiaries is a party or by which it is bound or to which any of their respective assets and properties are subject or bound, or which otherwise pertain to the business conducted by the Company or its Subsidiaries that:
Contracts; Customers and Suppliers. (a) Section 4.11(a) of the Company Disclosure Schedule lists each of the Material Contracts that are in effect or otherwise binding on the Company or any Company Subsidiary or their respective properties or assets. The term “
Contracts; Customers and Suppliers. Attached as Section 4.17 of the Seller Disclosure Schedule is a complete and accurate list as of the date hereof of the following agreements, contracts and commitments relating to the Business that are material to the Business: (i) mortgages, indentures, security agreements and other agreements and instruments relating to the extension of credit or borrowing of money; (ii) sales agency, manufacturer’s representative, distributorship or consignment agreements; (iii) agreements, orders or commitments for the purchase of raw materials, supplies or finished goods in excess or $25,000 for any one agreement, order or commitment; (iv) agreements, orders or commitments for the sale of Products other than in the ordinary course of business; (v) agreements or commitments for capital expenditures in excess of $25,000 for any single project; (vi) other agreements, contracts or commitments which are material to the Business or which individually involve total payments or receipts of more than $25,000 in any twelve-month period, or assets, rights or liabilities otherwise valued at more than $50,000. Seller has made available to the Buyer complete and accurate copies of all such material written agreements, contracts and commitments (together with all amendments thereto) and Section 4.17 of the Seller Disclosure Schedule sets forth complete and accurate descriptions of all oral agreements so listed. All such agreements, contracts and commitments are valid and binding and are in full force and effect. There has not occurred any default by Seller or by any other party under any such agreements, contracts or commitments, nor any event which, with the giving of notice and/or passage of time, would constitute a default, and Seller and no other party has waived any rights with respect thereto. Schedule 2.1.3 contains an accurate and complete list of (i) the names and addresses of all customers and suppliers of the Business which accounted for transactions with a value in excess of $25,000 each, respectively, during the eighteen month period ended June 30, 2004. Seller has no reason to believe any particular agreement described in this Section 4.17 will require more resources to fulfill than have been currently allocated to its fulfillment.
Contracts; Customers and Suppliers. (a) Schedule 8.7(a) lists all material contracts and agreements, relating to or affecting the Business which extend beyond the Closing Date to which Seller or any of its Affiliates is a party (other than purchase orders and sales orders entered into in the ordinary course of business and contracts which (unless otherwise specifically indicated) by their terms terminate or are unconditionally terminable by Seller or its Affiliates without penalty within three months or which individually involve a commitment of less than $1,000,000 in any fiscal year) which fall into one or more of the following categories:
Contracts; Customers and Suppliers. (a) SCHEDULE 4.17 sets forth an accurate and complete list of all of the following to which the Company is a party and, except with respect to clause (ii), which bind the Company or under which the Company has rights (the "Scheduled Contracts"):
Contracts; Customers and Suppliers. (a) Section 3.11 of the Disclosure Schedule lists the following agreements (written or oral) to which any Acquired Company is a party as of the date of this Agreement:
Contracts; Customers and Suppliers. (a) Except as filed or listed as exhibits to the Company’s annual report on Form 10-K for the fiscal year 2012, Schedule 3.14(a) sets forth a list of each note, bond, mortgage, lien, indenture, lease, license, contract or agreement, or other instrument or obligation (whether written or oral) to which the Company or any Company Subsidiary is a party or by which any of its properties or assets are bound (the “Company Agreements”) which is in effect as of the date hereof and:
