Common use of Contracts; Insurance Clause in Contracts

Contracts; Insurance. Except as set forth in Schedule 4.16, the Acquiror has no other currently existing contract, obligation, agreement, plan, arrangement, commitment or the like of any material nature regarding the following: (a) Employment, bonus or consulting agreements, pension, profit sharing, deferred compensation, stock bonus, retirement, stock option, stock purchase, phantom stock or similar plans, including agreements evidencing rights to purchase securities of the Acquiror, and agreements among stockholders and the Acquiror; (b) Loan or other agreements, notes, indenture, or instruments relating to or evidencing indebtedness for borrowed money, or mortgaging, pledging or granting or creating a lien or security interest or other encumbrance on any of the Acquiror’s property or any agreement or instrument evidencing any guaranty by the Acquiror of payment or performance by any other person; (c) Agreements with dealers, sales representatives, brokers or other distributors, jobbers, advertisers or sales agencies; (d) Agreements with any labor union or collective bargaining organization or other labor agreements; (e) Contracts or series of contracts with the same person for the furnishing or purchase of machinery, equipment, goods or services, including without limitation agreements with processors and subcontractors; (f) Joint venture contracts or arrangements or other agreements involving a sharing of profits or expenses to which the Acquiror is a party; (g) Agreements limiting the freedom of the Acquiror to compete in any line of business or in any geographic area or with any person; (h) Agreements providing for disposition of the business, assets or shares of the Acquiror, agreements of merger or consolidation to which the Acquiror is a party or letters of intent with respect to the foregoing; (i) Letters of intent or agreements with respect to the Merger of the business, assets or shares of any other business; (j) Insurance policies; and (k) Leases for real or personal property. Each of the material contracts, agreements and understandings set forth in Schedule 4.16 is in full force and effect, except where the failure to be in full force and effect would not have a Company Material Adverse Effect against the Company. Except as set forth on Schedule 4.16, to the knowledge of the Acquiror, there are no existing defaults by the Acquiror thereunder, which default would result in an Acquiror Material Adverse Effect and the other parties are not in default of any of the material contracts, agreements and understandings.

Contracts; Insurance. Except as set forth in Schedule 4.16, the Acquiror has no other currently existing contract, obligation, agreement, plan, arrangement, commitment or the like of any material nature regarding the following: (a) Employment, bonus or consulting agreements, pension, profit sharing, deferred compensation, stock bonus, retirement, stock option, stock purchase, phantom stock or similar plans, including agreements evidencing rights to purchase securities of the Acquiror, and agreements among stockholders and the Acquiror; (b) Loan or other agreements, notes, indenture, or instruments relating to or evidencing indebtedness for borrowed money, or mortgaging, pledging or granting or creating a lien or security interest or other encumbrance on any of the Acquiror’s property or any agreement or instrument evidencing any guaranty by the Acquiror of payment or performance by any other person; (c) Agreements with dealers, sales representatives, brokers or other distributors, jobbers, advertisers or sales agencies; (d) Agreements with any labor union or collective bargaining organization or other labor agreements; (e) Contracts or series of contracts with the same person for the furnishing or purchase of machinery, equipment, goods or services, including without limitation agreements with processors and subcontractors; (f) Joint venture contracts or arrangements or other agreements involving a sharing of profits or expenses to which the Acquiror is a party; (g) Agreements limiting the freedom of the Acquiror to compete in any line of business or in any geographic area or with any person; (h) Agreements providing for disposition of the business, assets or shares of the Acquiror, agreements of merger or consolidation to which the Acquiror is a party or letters of intent with respect to the foregoing; (i) Letters of intent or agreements with respect to the Merger of the business, assets or shares of any other business; (j) Insurance policies; and (k) Leases for real or personal property. Each of the material contracts, agreements and understandings set forth in Schedule 4.16 is are in full force and effect, except where the failure to be in full force and effect would not have a Company Material Adverse Effect against the CompanyCompanies. Except as set forth on Schedule 4.16, to the knowledge of the Acquiror, there are no existing defaults by the Acquiror thereunder, which default would result in an Acquiror Material Adverse Effect and the other parties are not in default of any of the material contracts, agreements and understandings.

Contracts; Insurance. Except as set forth in Schedule 4.16the Disclosure Schedule, the Acquiror Seller has no other currently existing contract, obligation, agreement, plan, arrangement, obligation or commitment (written or the like oral) of any material nature regarding nature, including without limitation the following: (a) Employment, bonus or consulting agreements, pension, profit sharing, deferred compensation, stock xxxxx bonus, retirement, stock option, stock purchase, phantom stock or similar plans, including agreements evidencing rights to purchase securities of the Acquiror, Seller and agreements among stockholders shareholders of Seller and the AcquirorSeller; (b) Loan or other agreements, notes, indentureindentures, or instruments relating to or evidencing indebtedness for borrowed money, or mortgaging, pledging or granting or creating a lien or security interest or other encumbrance on any of the Acquiror’s Seller's property or any agreement or instrument evidencing any guaranty by the Acquiror Seller of payment or performance by any other person; (c) Agreements with dealers, sales representatives, brokers or other distributors, jobbers, advertisers or sales agencies; (d) Agreements with any labor union or collective bargaining organization or other labor agreements; (e) Contracts Any contract or series of contracts with the same person for the furnishing or purchase of machinery, equipment, goods or services, including without limitation agreements with processors and subcontractors, except contracts entered into in the ordinary course of business; (f) Joint Any joint venture contracts contract or arrangements arrangement or other agreements agreement involving a sharing of profits or expenses to which the Acquiror Seller is a party; (g) Agreements limiting the freedom of the Acquiror Seller to compete in any line of business or in any geographic area or with any person; (h) Agreements providing for disposition of the businessBusiness, assets or shares of the AcquirorSeller, agreements of merger or consolidation to which the Acquiror Seller is a party or letters of intent with respect to the foregoing; (i) Letters Agreements involving or letters of intent or agreements with respect to the Merger acquisition of the business, assets or shares of any other business; (j) Insurance policies; and (k) Leases for real or personal property. Each of the material contracts, agreements and understandings set forth in Schedule 4.16 is in full force and effect, except where the failure to be in full force and effect would not have a Company Material Adverse Effect against the Company. Except as set forth on Schedule 4.16, to the knowledge of the Acquiror, there are no existing defaults by the Acquiror thereunder, which default would result in an Acquiror Material Adverse Effect and the other parties are not in default of any of the material contracts, agreements and understandings.

Contracts; Insurance. Except as set forth in on Schedule 4.168(j) hereto, the Acquiror neither WR Holdings nor WRH has no other any currently existing contract, obligation, agreement, plan, arrangement, commitment or the like of any material nature regarding the following: (a) i. Employment, bonus or consulting agreements, pension, profit sharing, deferred compensation, stock bonus, retirement, stock option, stock purchase, phantom stock retirement or similar plans, including agreements evidencing rights to purchase securities of the AcquirorWR Holdings or WRH, and agreements among stockholders equity holders and the AcquirorWR Holdings or WRH; (b) ii. Loan or other agreements, notes, indenture, or instruments relating to or evidencing indebtedness for borrowed money, or mortgaging, pledging or granting or creating a lien or security interest or other encumbrance on any of the AcquirorWR Holdings’ or WRH’s property or any agreement or instrument evidencing any guaranty by the Acquiror WR Holdings or WRH of payment or performance by any other person; (c) iii. Agreements with dealers, sales representatives, brokers or other distributors, jobbers, advertisers or sales agencies; (d) Agreements with any labor union or collective bargaining organization or other labor agreements; (e) iv. Contracts or series of contracts with the same person for the furnishing or purchase of machinery, equipment, goods or services, including without limitation agreements with processors and subcontractors; (f) v. Joint venture contracts or arrangements or other agreements involving a sharing of profits or expenses to which the Acquiror WRH or WR Holdings is a party; (g) vi. Agreements limiting the freedom of the Acquiror WR Holdings or WRH to compete in any line of business or in any geographic area or with any person; (h) vii. Agreements providing for disposition of the business, assets or shares of the AcquirorWR Holdings or WRH, agreements of merger or consolidation to which the Acquiror WR Holdings or WRH is a party or letters of intent with respect to the foregoing; (i) Letters of intent or agreements with respect to the Merger of the business, assets or shares of any other business; (j) viii. Insurance policies; and (k) ix. Leases for real or personal property. Each of the material contracts, agreements and understandings set forth in Schedule 4.16 is in full force and effect, except where the failure to be in full force and effect would not have a Company Material Adverse Effect against the Company. Except as set forth on Schedule 4.16, to the knowledge of the Acquiror, there are no existing defaults by the Acquiror thereunder, which default would result in an Acquiror Material Adverse Effect and the other parties are not in default of any of the material contracts, agreements and understandings.