Common use of Contracts, Obligations and Commitments Clause in Contracts

Contracts, Obligations and Commitments. Except as set forth on Schedule 3.21 hereto, the Company has no existing contract, obligation or commitment (written or oral) of any nature, including, without limitation, the following: (a) loan or other agreements, notes, indentures, or instruments relating to or evidencing indebtedness for borrowed money or mortgaging, pledging or granting or creating a Lien on any of its assets or any agreement or instrument evidencing any guaranty by the Company of payment or performance by any other person; (b) any contract or series of contracts with the same person for the furnishing or purchase of equipment, goods or services for an excess of $25,000; (c) any material joint venture contract or arrangement or other material agreement involving a sharing of profits or expenses to which it is a party or by which it is bound; (d) agreements which will materially limit the freedom of the Company to compete in any line of business or in any geographic area or with any person; (e) agreements providing for disposition of the assets of the Company other than in the ordinary course of business or agreements of merger or consolidation to which it is a party or by which it is bound; (f) any lease under which the Company is either lessor or lessee relating to any asset of its Business or any property at which its Business or such assets are located if such lease involves lease payments in excess of $25,000 per year; (g) any contract, commitment or agreement with the federal government or any state or local government or any agency thereof. Except as set forth on Schedule 3.21, each contract, agreement, arrangement, plan, lease, license or similar instrument listed on Schedule 3.21 is a valid and binding obligation of the Company and, to the best of the Company's knowledge, the other parties thereto, enforceable in accordance with its terms (except as the enforceability thereof may be limited by any applicable bankruptcy, insolvency or other laws affecting creditors' rights generally or by general principles of equity, regardless of whether such enforceability is considered in equity or at law), and is in full force and effect, and neither the Company, nor, to the best of such Company's knowledge, any other party thereto has breached any material provisions of, nor is in default in any material respect under the terms of (and, to the best of the Company's knowledge, no condition exists which, with the passage of time, the giving of notice, or both, would result in a default under the terms of), any of such contracts.

Contracts, Obligations and Commitments. Except as set forth on Schedule SCHEDULE 3.21 heretohereto lists all existing contracts, the Company has no existing contract, obligation obligations or commitment commitments (written or oral) of any nature, including, without limitation, the following: (a) loan or other agreements, notes, indentures, or instruments relating to or evidencing indebtedness for borrowed money or mortgaging, pledging or granting or creating a Lien on any of its the assets of the Company or any agreement or instrument evidencing any guaranty by the Company of payment or performance by any other person; (b) any contract or series of contracts with the same person for the furnishing or purchase of equipment, goods or services for an excess of $25,000services; (c) any material joint venture contract or arrangement or other material agreement involving a sharing of profits or expenses to which it is a party or by which it is boundexpenses; (d) agreements which will materially limit the freedom of the Company to compete in any line of business or in any geographic area or with any person; (e) agreements providing for disposition of the assets of the Company other than in the ordinary course of business or agreements of merger or consolidation to which it is a party or by which it is boundconsolidation; (f) any lease under which the Company is either lessor or lessee relating to any asset of its Business or any property at which its Business or such assets are located if such lease involves lease payments in excess of $25,000 per yearlocated; (g) any contract, commitment or agreement with the federal government or any state or local government or any agency thereof; or (h) any contract, commitment or agreement with manufacturing agents or sales agents. Except as set forth on Schedule 3.21, each Each contract, agreement, arrangement, plan, lease, license or similar instrument listed on Schedule SCHEDULE 3.21 is a valid and binding obligation of the Company and, to the best knowledge of the Company's knowledgeCompany and the Principal, of the other parties thereto, enforceable in accordance with its terms (except as the enforceability thereof may be limited by any applicable bankruptcy, insolvency or other laws affecting creditors' rights generally or by general principles of equity, regardless of whether such enforceability is considered in equity or at law), and is in full force and effect, and neither the Company, Company nor, to the best knowledge of such Company's knowledgethe Company and the Principal, any other party thereto thereto, has breached any material provisions of, nor or is in default in any material respect under the terms of (and, to the best knowledge of the Company's knowledgeCompany and the Principal, no condition exists which, with the passage of time, the giving of notice, or both, would result in a default under the terms of), any of such contracts.

Contracts, Obligations and Commitments. Except as set forth on Schedule 3.21 heretoin paragraph 3.16 of the Disclosure Schedule, no member of the Company Group has no any existing contractContract, obligation or commitment (written or oral) of any naturenature (other than obligations involving payments of less than $200,000 individually), including, including without limitation, limitation the following: : (a) loan Employment, bonus, severance or consulting agreements, retirement, stock bonus, stock option, or similar plans; (b) Loans or other agreements, notes, indentures, indentures or instruments relating to or evidencing indebtedness for borrowed money or mortgaging, pledging or granting or creating a Lien on any of its the assets of any member of the Company Group or any agreement or instrument evidencing any guaranty by any member of the Company Group of payment or performance by any other person; Person; (bc) Agreements of any kind relating to employment matters such as labor agreements or agreements providing for benefits under any plan; (d) Any contract or series of contracts with the same person Person for the furnishing or purchase of equipment, goods or services services, except for an excess purchase and sales orders in the ordinary course of $25,000; business; (ce) any material Any joint venture contract or arrangement or other material agreement involving a sharing of profits or expenses to which it any member of the Company Group is a party or by which it is bound; ; (df) agreements Agreements which will materially limit the freedom of any member of the Company Group to compete in any line of business or in any geographic area or with any person; Person; (eg) agreements Agreements providing for disposition of the assets assets, businesses or a direct or indirect ownership interest in any member of the Company other than Group; (h) Any Contract, commitment or arrangement not made in the ordinary course of business or agreements of merger or consolidation to which it is a party or by which it is bound; (f) any lease under which member of the Company is either lessor or lessee relating to Group; or (i) Agreements with any asset of its Business or any property at which its Business or such assets are located if such lease involves lease payments in excess of $25,000 per year; (g) any contract, commitment or agreement with the federal government or any state or local government or any agency thereofGovernmental Authority. Except as set forth on Schedule 3.21in paragraph 3.16 of the Disclosure Schedule, each contract, agreement, arrangement, plan, lease, license or similar instrument listed on Schedule 3.21 Material Contract to which any member of the Company Group is a party is a valid and binding obligation of the Company and, to the best of the Company's knowledge, the other parties thereto, such Party and is enforceable in accordance with its terms (except as the enforceability thereof may be limited by any applicable bankruptcy, insolvency or other laws affecting creditors' ’ rights generally or by general principles of equity, regardless of whether such enforceability is considered in equity or at law), and is in full force and effect, and neither no member of the Company, nor, to the best of such Company's knowledge, any other party thereto Company Group has breached any material provisions provision of, nor is in default in any material respect under the terms of (and, to the best any of the Company's knowledge, no condition exists which, with the passage of time, the giving of notice, or both, would result in a default under the terms of), any of such contractsContracts.

Contracts, Obligations and Commitments. Except as set forth on Schedule 3.21 hereto, in Section 3.15 of the Disclosure Letter or in the Company Commission Reports, no member of the Company Group has no any existing contractContract, obligation or commitment (written or oral) of any naturenature (other than obligations involving payments of less than $2,000,000 individually), including, including without limitation, limitation the following: : (a) loan Employment, bonus, severance or consulting agreements, retirement, stock bonus, stock/share option, or similar plans; (b) Loans or other agreementsContracts, notes, indentures, indentures or instruments relating to or evidencing indebtedness for borrowed money or mortgaging, pledging or granting or creating a Lien on any of its the assets of any member of the Company Group or any agreement Contract or instrument evidencing any guaranty by any member of the Company Group of payment or performance by any other person; Person; (bc) Contracts of any contract kind relating to employment matters such as labor agreements or agreements providing for benefits under any plan; (d) Any Contract or series of contracts Contracts with the same person Person for the furnishing or purchase of equipment, goods or services services, except for an excess purchase and sales orders in the ordinary course of $25,000; business; (ce) any material Any joint venture contract or arrangement or other material agreement involving a sharing of profits or expenses to which it any member of the Company Group is a party or by which it is bound; ; (df) agreements Contracts which will materially limit the freedom of any member of the Company Group to compete in any line of business or in any geographic area or with any person; Person; (eg) agreements Contracts providing for disposition of the assets assets, businesses or a direct or indirect ownership interest in any member of the Company other than Group; (h) Any Contract, commitment or arrangement not made in the ordinary course of business or agreements of merger or consolidation to which it is a party or by which it is bound; (f) any lease under which member of the Company is either lessor or lessee relating to Group; or (i) Contracts with any asset of its Business or any property at which its Business or such assets are located if such lease involves lease payments in excess of $25,000 per year; (g) any contract, commitment or agreement with the federal government or any state or local government or any agency thereofGovernmental Authority. Except as set forth on Schedule 3.21in Section 3.15 of the Disclosure Letter, each contractMaterial Contract to which any member of the Company Group is, agreementto the Knowledge of the Company, arrangement, plan, lease, license or similar instrument listed on Schedule 3.21 a party is a valid and binding obligation of the Company and, to the best of the Company's knowledge, the other parties thereto, such Party and is enforceable in accordance with its terms (except as the enforceability thereof may be limited by any applicable bankruptcy, insolvency or other laws affecting creditors' ’ rights generally or by general principles of equity, regardless of whether such enforceability is considered in equity or at law), and is in full force and effect, and neither no member of the Company, nor, to the best of such Company's knowledge, any other party thereto Company Group has breached any material provisions provision of, nor is in default in any material respect under the terms of (and, to the best any of the Company's knowledge, no condition exists which, with the passage of time, the giving of notice, or both, would result in a default under the terms of), any of such contractsContracts.

Contracts, Obligations and Commitments. Except as set forth on Schedule SCHEDULE 3.21 hereto, the Company has no existing contract, obligation or commitment (written or material oral) of any nature, including, without limitation, the following: (a) loan or other agreements, notes, indentures, or instruments relating to or evidencing indebtedness for borrowed money or mortgaging, pledging or granting or creating a Lien on any of its assets or any agreement or instrument evidencing any guaranty by the Company of payment or performance by any other person; (b) any contract or series of contracts with the same person for the furnishing or purchase of equipment, goods or services for an excess of $25,000; (c) any material joint venture contract or arrangement or other material agreement involving a sharing of profits or expenses to which it is a party or by which it is bound; (d) agreements which will materially limit the freedom of the Company to compete in any line of business or in any geographic area or with any person; (e) agreements providing for disposition of the assets of the Company other than in the ordinary course of business or agreements of merger or consolidation to which it is a party or by which it is bound; (f) any lease under which the Company is either lessor or lessee relating to any asset of its Business or any property at which its Business or such assets are located if such lease involves lease payments in excess of $25,000 per year; or (g) any contract, commitment or agreement with the federal government or any state or local government or any agency thereof. Except as set forth on Schedule SCHEDULE 3.21, each contract, agreement, arrangement, plan, lease, license or similar instrument listed on Schedule SCHEDULE 3.21 is a valid and binding obligation of the Company and, to the best of the Company's knowledge, the other parties thereto, enforceable in accordance with its terms (except as the enforceability thereof may be limited by any applicable bankruptcy, insolvency or other laws affecting creditors' rights generally or by general principles of equity, regardless of whether such enforceability is considered in equity or at law), and is in full force and effect, and neither the Company, nor, to the best of such Company's knowledge, any other party thereto has breached any material provisions of, nor is in default in any material respect under the terms of (and, to the best of the Company's knowledge, no condition exists which, with the passage of time, the giving of notice, or both, would result in a default under the terms of), any of such contracts, except for such breaches and defaults which would not have a Material Adverse Effect.

Contracts, Obligations and Commitments. Except as set forth on Schedule 3.21 heretoparagraph 3.16 of the Disclosure Schedule, no member of the Company Group has no any existing contractContract, obligation or commitment (written or oral) of any naturenature (other than any Contracts, includingobligations or commitment involving payments of less than $200,000 individually), including without limitation, limitation the following: : (a) loan Employment, bonus, severance or consulting agreements, retirement, stock bonus, stock option, or similar plans; (b) Loans or other agreements, notes, indentures, indentures or instruments relating to or evidencing indebtedness for borrowed money or mortgaging, pledging or granting or creating a any Lien on any of its the assets of any member of the Company Group or any agreement or instrument evidencing any guaranty by any member of the Company Group of payment or performance by any other person; Person; (bc) Agreements of any kind relating to employment matters such as labor agreements or agreements providing for benefits under any plan; (d) Any contract or series of contracts with the same person Person for the furnishing or purchase of equipment, goods or services services, except for an excess purchase and sales orders in the ordinary course of $25,000; business; (ce) any material Any joint venture contract or arrangement or other material agreement involving a sharing of profits or expenses to which it any member of the Company Group is a party or by which it is bound; ; (df) agreements Agreements which will materially limit the freedom of any member of the Company Group to compete in any line of business or in any geographic area or with any person; Person; (eg) agreements Agreements providing for disposition of the assets assets, businesses or a direct or indirect ownership interest in any member of the Company other than Group; (h) Any Contract, commitment or arrangement not made in the ordinary course of business or agreements of merger or consolidation to which it is a party or by which it is bound; (f) any lease under which member of the Company is either lessor or lessee relating to Group; or (i) Agreements with any asset of its Business or any property at which its Business or such assets are located if such lease involves lease payments in excess of $25,000 per year; (g) any contract, commitment or agreement with the federal government or any state or local government or any agency thereofGovernmental Authority. Except as set forth on Schedule 3.21in paragraph 3.16 of the Disclosure Schedule, each contract, agreement, arrangement, plan, lease, license or similar instrument listed on Schedule 3.21 Contract to which any member of the Company Group is a party is a valid and binding obligation of the Company and, to the best of the Company's knowledge, the other parties thereto, such Party and is enforceable in accordance with its terms (except as the enforceability thereof may be limited by any applicable bankruptcy, insolvency or other laws affecting creditors' ’ rights generally or by general principles of equity, regardless of whether such enforceability is considered in equity or at law), and is in full force and effect, and neither no member of the Company, nor, to the best of such Company's knowledge, any other party thereto Company Group has breached any material provisions provision of, nor is in default in any material respect under the terms of (and, to the best any of the Company's knowledge, no condition exists which, with the passage of time, the giving of notice, or both, would result in a default under the terms of), any of such contractsContracts.