Common use of Corporate Name; Prior Transactions Clause in Contracts

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth in the Information Certificate.

Corporate Name; Prior Transactions. The Except as set forth on Schedule 6.4, the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The No Borrower has nothas, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. The Borrower has and Guarantor have not, ---------------------------------- during the past five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth in the Information Certificate.

Corporate Name; Prior Transactions. The Such Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as set forth on Schedule 7.4.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business., except as set forth on Exhibit E.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property Property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Except as set forth in Schedule 8.4, the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Except as otherwise disclosed on Schedule 6.4, each Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, not been known by or used any other corporate or fictitious name, or been a party to any merger or consolidationMerger, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious namename other than Omnova Solutions Inc., or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The No Borrower has nothas, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as described on Schedule 8.4.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or, except as set forth on Schedule 6.4 to the Disclosure Letter hereto or as permitted under Section 7.12 after the Closing Date, acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The No Borrower has nothas, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of businessbusiness except as set forth on Schedule 8.4.

Corporate Name; Prior Transactions. The Except as set forth on Schedule 8.4, no Borrower has nothas, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Except as otherwise disclosed on Schedule 6.4, such Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The No Borrower has nothas, during the past ---------------------------------- five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property or assets out of the ordinary course of business, except as set forth in the Information Certificates.

Corporate Name; Prior Transactions. The Borrower has not, during ---------------------------------- the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business., except as set forth on Exhibit E. ---------

Corporate Name; Prior Transactions. The Such Borrower has not, and none of such Borrower's Subsidiaries has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as set forth on Schedule 8.4 or as may be disclosed to the Agent from time to time.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.or

Corporate Name; Prior Transactions. The Except as set forth on Schedule 6.4, no Borrower has nothas, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years12 months ending on the Closing Date, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as set forth on Schedule 8.4.

Corporate Name; Prior Transactions. The Except as set forth on Schedule 6.4 (as amended from time to time by Borrower upon written notice to Agent), the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business, except as set forth on Schedule 8.4.

Corporate Name; Prior Transactions. The As of the date hereof, Borrower has not, during the past five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth herein or in the Information Certificate.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth on Schedule 6.21 hereto.

Corporate Name; Prior Transactions. The Such Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, other than the name "Palco", or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Except as set forth on Schedule 6.4 (as amended from time to time by Borrowers upon written notice to Agent), such Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidationconsolidation (except for the merger as of even date herewith with Weston Acquisition Corporation), or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as described on Schedule 6.4 attached hereto.

Corporate Name; Prior Transactions. The Each Borrower has not, during the past five (5) yearsyears prior to the First Amendment Closing Date, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property Property outside of the ordinary course of business, except as set forth on Schedule 6.4.

Corporate Name; Prior Transactions. The Each Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as set forth on Schedule 6.4.

Corporate Name; Prior Transactions. The Borrower has not, during the past ----------------------------------- five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth in the Information Certificate.

Corporate Name; Prior Transactions. The Except as set forth on Schedule 8.4, the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Except as set forth on Schedule ---------------------------------- 8.4 attached hereto, Borrower has not, not during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The No Borrower has nothas, during the past five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth in the Information Certificate.

Corporate Name; Prior Transactions. The Borrower has Except as set forth on Schedule ---------------------------------- 8.4, the Borrowers and Services have not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The As of the Closing Date, the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any PersonPerson as a going concern, except as permitted under Section 9.9 (Mergers, Consolidations or acquired any of its property outside of the ordinary course of businessSales) or Section 9.10(c) (Distributions; Capital Change; Restricted Investments).

Corporate Name; Prior Transactions. The Except as set forth on Schedule 8.4, the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property Property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The As of the Closing Date the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or or, within the past two years, been a party to any merger or consolidation, or acquired all or substantially all of the assets of any PersonPerson (other than mergers between Subsidiaries of the Parent), or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The No Borrower has nothas, during the past five (5) 5 years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business other than a Borrower’s acquisition of licensees and franchisees in the ordinary course of business.

Corporate Name; Prior Transactions. The Neither Borrower has nothas, during the past five (5) yearssince July 1, 1996, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as set forth on Schedule 7.4.

Corporate Name; Prior Transactions. The Each Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property Property outside of the ordinary course of business, except as set forth on Schedule 6.4.

Corporate Name; Prior Transactions. The None of the Borrower has notor its Subsidiaries has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as set forth on SCHEDULE 6.4 attached hereto and incorporated herein by this reference.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or of fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired required any of its property outside Property out of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, other than The Good Guys, Inc., or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Except as set forth on Schedule ---------------------------------- -------- 8.4 attached hereto, Borrower has not, not during the past five (5) years, been known --- by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Each Borrower has not, during ------------------------------------- the past five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth in the Information Certificate.

Corporate Name; Prior Transactions. The No Borrower has nothas, during the past five (5) years, been known by or used any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth on Schedule 6.21 hereto.

Corporate Name; Prior Transactions. The Borrower has notExcept as set forth on Schedule 8.3, during the past five (5) years, no Borrower has been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Corporate Name; Prior Transactions. The Borrower has Borrowers have not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside their Property out of the ordinary course of business, except as set forth on Schedule 9.4.