Contracts. (a) Part 3.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 18 contracts
Samples: Agreement and Plan of Merger (F-Star Therapeutics, Inc.), Agreement and Plan of Merger (Merck & Co., Inc.), Agreement and Plan of Merger (Immune Design Corp.)
Contracts. (a) Part 3.9(a) 2.10 of the Company Disclosure Schedule identifies each Company Acquired Corporation Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”":
Appears in 7 contracts
Samples: Agreement and Plan of Merger and Reorganization (Clare Inc), Agreement and Plan of Merger and Reorganization (Ixys Corp /De/), Agreement and Plan of Merger and Reorganization (Broadvision Inc)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”":
Appears in 6 contracts
Samples: Agreement and Plan of Merger and Reorganization (Halis Inc), Agreement and Plan of Merger (Fisher Business Systems Inc), Agreement and Plan of Merger and Reorganization (Halis Inc)
Contracts. (a) Part 3.9(aSection 4.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this AgreementAgreement Date. For purposes of this Agreement, each Each of the following Company Contracts shall be deemed to constitute a “Material Contract”” for purposes of this Agreement:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Flexion Therapeutics Inc), Agreement and Plan of Merger (Pacira BioSciences, Inc.), Agreement and Plan of Merger (Adamas Pharmaceuticals Inc)
Contracts. (a) Part 3.9(a) 3.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract (as of the date of this Agreementdefined below). For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Tufco Technologies Inc), Agreement and Plan of Merger (Diedrich Coffee Inc), Agreement and Plan of Merger (Peets Coffee & Tea Inc)
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Zeltiq Aesthetics Inc), Agreement and Plan of Merger (Zeltiq Aesthetics Inc), Agreement and Plan of Merger (XRS Corp)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract identifies, as of the date of this Agreement, each Company Contract that constitutes a Company Material Contract and which remains in effect as of the date hereof and under which a Target Company has remaining material rights or obligations. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Company Material Contract”:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (AutoWeb, Inc.), Agreement and Plan of Merger (AutoWeb, Inc.), Agreement and Plan of Merger (La Jolla Pharmaceutical Co)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Company Material Contract as of the date of this AgreementContract. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Company Material Contract”:
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Accelrys, Inc.), Agreement and Plan of Merger and Reorganization (Avanex Corp), Agreement and Plan of Merger and Reorganization (Bookham, Inc.)
Contracts. (a) Part 3.9(a) 2.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a Company Material Contract as of the date of this AgreementContract. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Company Material Contract”:
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Rf Micro Devices Inc), Agreement and Plan of Merger and Reorganization (Nuvelo Inc), Agreement and Plan of Merger and Reorganization (Sirenza Microdevices Inc)
Contracts. (a) Part Section 3.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, other than any Company Contract that is a nondisclosure agreement entered into (x) in the ordinary course of business consistent with past practice or (y) in connection with discussions, negotiations and transactions related to this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Antares Pharma, Inc.), Agreement and Plan of Merger (Halozyme Therapeutics, Inc.), Agreement and Plan of Merger (Antares Pharma, Inc.)
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Company Material Contract as of the date of this AgreementContract. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Company Material Contract”:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Symyx Technologies Inc), Agreement and Plan of Merger (Symyx Technologies Inc), Agreement and Plan of Merger (Symyx Technologies Inc)
Contracts. (a) Part 3.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts Contracts, other than Employee Plans, shall be deemed to constitute a “Material Contract”:
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Sientra, Inc.), Agreement and Plan of Merger (Miramar Labs, Inc.)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts (and each other Contract that is material to the business of the Company) shall be deemed to constitute a “"Material Contract”":
Appears in 3 contracts
Samples: Escrow Agreement (Puma Technology Inc), Agreement and Plan of Merger and Reorganization (Packeteer Inc), Agreement and Plan of Merger (Sbe Inc)
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract is executory as of the date of this AgreementAgreement and that constitutes a Company Material Contract. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Allos Therapeutics Inc), Agreement and Plan of Merger (Spectrum Pharmaceuticals Inc)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." (For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”":
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Adac Laboratories), Agreement and Plan of Merger and Reorganization (Caere Corp)
Contracts. (aA) Part 3.9(a) 2.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”"MATERIAL CONTRACT":
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Exchange Applications Inc), Agreement and Plan of Merger And (Exchange Applications Inc)
Contracts. (a) Part 3.9(a) ?3.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract identifies, as of the date of this Agreement. , each Company Contract (other than purchase orders) that constitutes a “Material Contract.” For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Opnet Technologies Inc), Agreement and Plan of Merger (Riverbed Technology, Inc.)
Contracts. (a) Part 3.9(a) Section 4.15 of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”; provided, however, that “Material Contracts” shall only include Company Contracts to which a Company Entity is a party:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Brookfield Asset Management Inc.), Agreement and Plan of Merger (Oaktree Capital Group, LLC)
Contracts. (a) Part 3.9(a2.12(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a “Material Contract Contract” as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”; provided, however, that in no event shall a Benefit Plan be deemed to constitute a “Material Contract”; provided further, that “Material Contracts” shall only include Company Contracts to which an Acquired Company is a party:
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Fortress Investment Group LLC)
Contracts. (a) Part 3.9(a) 2.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”":
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Meridian Data Inc), Agreement and Plan of Merger and Reorganization (Quantum Corp /De/)
Contracts. (a) Part 3.9(a) of the Company Disclosure Schedule identifies each Company Contract (excluding this Agreement) that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following types of Company Contracts (along with each Inbound License and each Outbound License) shall be deemed to constitute a “Material Contract”:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amgen Inc), Agreement and Plan of Merger (Onyx Pharmaceuticals Inc)
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a “Company Material Contract Contract” as of the date of this Agreementhereof. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Company Material Contract”:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tidewater Inc), Agreement and Plan of Merger (Gulfmark Offshore Inc)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”:": (i) any Contract relating to the employment or engagement of, or the performance of services by, any employee, consultant or independent contractor;
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Vsi Enterprises Inc), Agreement and Plan of Merger and Reorganization (Munro Mark E)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract is executory as of the date of this AgreementAgreement and that constitutes a Company Material Contract. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:"
Appears in 2 contracts
Samples: Agreement and Plan of Merger And (Amag Pharmaceuticals Inc.), Agreement and Plan of Merger And (Allos Therapeutics Inc)
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Acquired Company Contract that constitutes a “Material Contract Contract”, other than an Excluded Contract, in effect as of the date of this Agreementhereof. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 2 contracts
Samples: Agreement of Merger (Voltaire Ltd.), Agreement of Merger (Mellanox Technologies, Ltd.)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Company Contract." For purposes of this Agreement, each of the following a "Material Company Contracts Contract" shall be deemed to constitute a “Material be any Contract”:
Appears in 2 contracts
Samples: Employment Agreement (Ipl Systems Inc), Escrow Agreement (Andataco)
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a “Material Contract as of the date of this Agreement. Contract.” For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Clinical Data Inc), Agreement and Plan of Merger and Reorganization (Avalon Pharmaceuticals Inc)
Contracts. (a) Part 3.9(a) 3.10 of the Company Disclosure Schedule identifies each currently effective Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, (each of the following Company Contracts shall be deemed to constitute a “Material Contract”) that constitutes:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Sonic Solutions/Ca/), Agreement and Plan of Merger and Reorganization (Rovi Corp)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Company Material Contract as of the date of this Agreementhereof. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Company Material Contract”:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Opnext Inc), Agreement and Plan of Merger and Reorganization (Oclaro, Inc.)
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Company Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (TEKMIRA PHARMACEUTICALS Corp), Agreement and Plan of Merger and Reorganization (TEKMIRA PHARMACEUTICALS Corp)
Contracts. (a) Part 3.9(a) Schedule 3.7 of the Company Disclosure Schedule Schedules identifies each Acquired Company Contract that constitutes a Material Contract that, as of the date of this Agreementhereof, constitutes a “Material Contract”. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(a) 2.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”"MATERIAL CONTRACT":
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Snap Appliances Inc)
Contracts. (a) Part 3.9(aSchedule 3.11(a) of the Company Disclosure Schedule Schedules identifies each Company Contract that constitutes a “Material Contract as Contract” of the date Target Companies, with each Contract (including any policies or programs which might support a claim of this Agreement. For purposes of this Agreement, each a contractual right) of the following Company Contracts shall be nature described below being deemed to constitute a “Material Contract”” of the Target Companies:
Appears in 1 contract
Contracts. (a) Part 3.9(a) of the Company Disclosure Schedule identifies each Company Contract (excluding this Agreement) that constitutes a Material Contract as of the date of this AgreementContract. For purposes of this Agreement, each of the following types of Company Contracts (along with each Inbound License and each Outbound License) shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this AgreementContract. For purposes of this Agreement, each of the following Company Contracts (along with each Inbound License and each Outbound License) shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Anadys Pharmaceuticals Inc)
Contracts. (a) Part 3.9(a2.11(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract that, as of the date of this Agreement. , constitutes a “Material Contract.” For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(a3.8(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." (For purposes of this Agreement, each of the following Company Contracts (and each other Contract that is material to the business of the Company) shall be deemed to constitute a “"Material Contract”":
Appears in 1 contract
Samples: Registration Rights Agreement (Puma Technology Inc)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." (For purposes of this Agreement, each of the following Company Contracts (and each other Contract that is material to the business of the Company) shall be deemed to constitute a “"Material Contract”":
Appears in 1 contract
Samples: Stock Purchase Agreement (Silicon Storage Technology Inc)
Contracts. (a) Part 3.9(a) of the Company Disclosure Schedule identifies sets forth an accurate and complete list of each Company Contract that constitutes a Material Contract as of the date of this AgreementContract. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(aSection 3.11(a) of the Company Disclosure Schedule identifies contains a list of each Company Contract that constitutes a Material Contract as of the date of this AgreementContract. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. "MATERIAL CONTRACT." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”"MATERIAL CONTRACT":
Appears in 1 contract
Contracts. (a) Part 3.9(a) 2.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract Contract" as of the date of this Agreement. For purposes of this Agreement, each of the following Contracts (to the extent that the Company Contracts has (or may have) any Liability thereunder or with respect thereto after the date of this Agreement) shall be deemed to constitute a “Material Contract”"MATERIAL CONTRACT":
Appears in 1 contract
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(a) 2.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a “Material Contract as of the date of this Agreement. Contract.” For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Dot Hill Systems Corp)
Contracts. (a) Part 3.9(aSection 4.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this AgreementAgreement Date. For purposes of this Agreement, each Each of the following Company Contracts shall be deemed to constitute a “Material Contract”” for purposes of this Agreement:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Five Prime Therapeutics, Inc.)
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Company Acquired Corporation Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." (For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”":
Appears in 1 contract
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Acquired Company Contract that constitutes a “Material Contract as of the date of this AgreementContract”. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”” to the extent they are material Contracts:
Appears in 1 contract
Contracts. (a) Part 3.9(a) 2.9 of the Company Disclosure Schedule identifies each Company Contract that constitutes a “Company Material Contract as Contract” of or to the date of this AgreementCompany. For purposes of this Agreement, each of the following Company Contracts shall will be deemed to constitute a “Company Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this AgreementContract. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Hastings Entertainment Inc)
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Company Contract." For purposes of this Agreement, each of the following a "Material Company Contracts Contract" shall be deemed to constitute a “Material be any Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Medical Device Alliance Inc)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a “Material Contract as of the date of this Agreement. Contract.” For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Silicon Graphics International Corp)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Conduct Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." (For purposes of this Agreement, each of the following Company Contracts (and each other Contract that is material to the business of Conduct and Subsidiary taken together as a whole) shall be deemed to constitute a “"Material Contract”":
Appears in 1 contract
Samples: Registration Rights Agreement (Mercury Interactive Corporation)
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." (For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”:" if such Contract has created or could reasonably be expected to give rise to an Accrued Liability or a Potential Liability):
Appears in 1 contract
Contracts. (a) Part 3.9(a2.11(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract that, as of the date of this Agreement. , constitutes a “Material Contract.” For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Contracts. (a) Part 3.9(aSection 3.10(a) of the Company Disclosure Schedule Schedules identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (US Foods Holding Corp.)
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract identifies, as of the date of this Agreement. , each Company Contract that constitutes a “Material Contract.” For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Applied Materials Inc /De)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Company Contract." For purposes of this Agreement, each of the following a "Material Company Contracts Contract" shall be deemed to constitute a “Material be any Company Contract”:
Appears in 1 contract
Samples: Affiliate Agreement (Artecon Inc)
Contracts. (a) Part 3.9(a2.10(a) of the Company Disclosure Schedule identifies each Company Contract presently in force that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”":
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Halis Inc)
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, other than any Company Contract that is (1) a non-disclosure agreement entered into in the ordinary course of business consistent with past practice or (2) an Employee Plan, which shall be governed under Section 3.17, for purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Turning Point Therapeutics, Inc.)
Contracts. (a) Part 3.9(a) 2.10 of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Company Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”"COMPANY MATERIAL CONTRACT":
Appears in 1 contract
Contracts. (a) Part 3.9(a3.10(a) of the Company Disclosure Schedule identifies each Acquired Company Contract that constitutes a “Material Contract as of the date of this AgreementContract”. For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “Material Contract”” to the extent they are material Contracts:
Appears in 1 contract
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a Material Contract as of the date of this Agreement. For purposes of this Agreement, each of the following Company Contracts Contracts, along with the In-Bound Licenses and the Out-bound Licenses (but not any Standard Contracts), shall be deemed to constitute a “Material Contract”:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cornerstone OnDemand Inc)
Contracts. (a) Part 3.9(a2.9(a) of the Company Disclosure Schedule identifies each Company Contract that constitutes a "Material Contract as of the date of this Agreement. Contract." For purposes of this Agreement, each of the following Company Contracts shall be deemed to constitute a “"Material Contract”":
Appears in 1 contract
