Customer and Suppliers Sample Clauses
Customer and Suppliers. Schedule 3.17 contains a list setting forth the five (5) largest customers of the Engenio Business, by dollar amount, over the twelve (12) months ended December 31, 2010 (and the amount of sales with respect to each such customer during such twelve month period), and the five (5) largest suppliers of the Engenio Business, by dollar amount, over the twelve (12) months ended December 31, 2010 (and the amounts paid to each such supplier during such twelve month period). Seller has no knowledge of, and has not received written notice of the intention of any of such customers or suppliers to cease doing business with Seller. All purchase and sale orders and other commitments for purchases and sales made by Seller or any Subsidiary in connection with the Engenio Business have been made in the ordinary course of business in accordance with past practices, and no payments have been made to any supplier or customers or any of their respective representatives other than payments to such suppliers or their representatives for the payment of the invoiced price of supplies purchased or goods sold in the ordinary course of business.
Customer and Suppliers. (a) Section 4.22(a) of the Disclosure Schedules sets forth a true and complete list of (i) the top ten (10) customers and distributors of the Business (based on dollar amount of sales to such customers and distributors) for the twelve (12) month periods ended March 31, 2018 and March 31, 2019, and (ii) the amount for which each such customer or distributor was invoiced by Seller during such period. Seller has not received any written notice and to Seller’s Knowledge there is no reason to believe that any of such customers or distributors (A) has, during the last 12 months, ceased or substantially reduced, or will cease or substantially reduce, use of products or services of the Business or (B) has, during the last 12 months, sought or is seeking, to reduce the price it will pay for the services of the Business. To Seller’s Knowledge, none of such customers or distributors has otherwise threatened in writing to take any action described in the preceding sentence as a result of the consummation of the transactions contemplated by this Agreement and the Ancillary Documents.
(b) Section 4.22(b) of the Disclosure Schedules sets forth a true and complete list of (i) the top ten (10) suppliers of the Business (based on dollar amount of purchases made by Seller) for the twelve (12) month periods ended March 31, 2018 and March 31, 2019, and (ii) the amount for which Seller was invoiced by such supplier during such period. Seller has not received any written notice and to Seller’s Knowledge there is no reason to believe that within the last 12 months there has been any material adverse change in the price of such supplies or services provided by any such supplier, or that any such supplier will not sell supplies or services to Buyer at any time after the Closing Date on terms and conditions substantially the same as those used in its current sales to Seller, subject to general and customary price increases. To Seller’s Knowledge, no such supplier has otherwise threatened in writing to take any action described in the preceding sentence as a result of the consummation of the transactions contemplated by this Agreement and the Ancillary Documents.
Customer and Suppliers. 29 3.18 Restrictions on the Business............................................................29 3.19 Brokers.................................................................................29 3.20 Taxes...................................................................................29 3.21 No Other Representations or Warranties..................................................30
Customer and Suppliers. (a) Section 3.23(a) of the Company Disclosure Schedule sets forth the Company’s customers who represent approximately 70% of the Company’s revenue for fiscal 2012 (each a “Top Customer” and, together the “Top Customers”).
(b) Except as set forth on Section 3.23(b) of the Company Disclosure Schedule, since January 1, 2012, no Top Customer and no Top Supplier, (i) has cancelled or otherwise terminated any Contract with the Company or any Subsidiary prior to the expiration of the Contract term, (ii) has returned a substantial amount of any of the products, equipment, goods and services purchased from the Company or any Subsidiary, (iii) has threatened, or indicated its intention, in each case in writing, to cancel or otherwise terminate its relationship with the Company or its Subsidiaries or to reduce substantially its purchase from or sale to the Company or any Subsidiary of any products, equipment, goods or services, or (iv) has delivered or otherwise communicated to the Company or any of its representatives in writing any material complaint or notice of dispute with respect to any products, equipment, goods or services. Neither the Company nor any Subsidiary has (i) materially breached any Contract with or (ii) engaged in any fraudulent conduct with respect to any such customer or supplier of the Company or a Subsidiary. To the knowledge of those individuals listed on Schedule 3.23(b), since January 1, 2012, none of the Top Customers has orally (x) threatened or indicated its intention to cancel or otherwise terminate its relationship with the Company or its Subsidiaries or to reduce substantially its purchase from or sale to the Company or any Subsidiary of any products, equipment, goods or services, or (y) communicated to the Company or any of its representatives any material complaint or notice of dispute with respect to any products, equipment, goods or services.
Customer and Suppliers. (a) Section 4.24(a) of the Company Disclosure Schedule identifies (i) the 20 largest customers of the Company and its Subsidiaries, based on revenue to the business for the year ended December 31, 2011 (“Material Customers”), and (ii) each customer of the Company or any of its Subsidiaries which, as of May 31, 2012, involved backlog in excess of $150,000 in respect of services to be provided by the Company or any of its Subsidiaries that have not been completed or have not yet commenced as of such date (each, an “Open Backlog Customer”).
(b) Section 4.24(b) of the Company Disclosure Schedule identifies the ten largest suppliers of the Company and its Subsidiaries, based on expenses to the business for the year ended December 31, 2011 (“Material Suppliers”).
(c) As of the date hereof the Company has not received any written notices or demands from any of the Company’s Material Customers or Material Suppliers involving or in respect of any material price increases in any of the Company’s or its Subsidiaries’ inputs or material price or volume decreases in any of the Company’s or its Subsidiaries’ outputs. Since the Balance Sheet Date, there has not been any termination of, or material and adverse modification, amendment or change to, any business relationship maintained by the Company and its Subsidiaries with any Material Customers or Material Suppliers, and no such customer or supplier has provided the Company or any of its Subsidiaries with notice of an intent to terminate or make a material or adverse modification, amendment or change to its business relationship with the Company or any of its Subsidiaries, as the case may be.
(d) Except as would not, individually or in the aggregate, result in a Material Adverse Effect, (i) each Contract with Open Backlog Customers (each an “Open Contract”) is valid (assuming due authorization, execution and delivery by the other parties thereto) and in full force and effect, except as enforceability may be limited by bankruptcy, insolvency, moratorium and other similar Applicable Law affecting creditors’ rights generally and by general principles of equity; and (ii) as of the date of this Agreement, neither the Company nor any of its Subsidiaries is in material breach or default thereunder, and, to the Company’s Knowledge, no other party to any such agreement is in material breach or default hereunder and, to the Company’s Knowledge, no event has occurred which with notice or lapse of time would reasonably be expected ...
Customer and Suppliers. Schedule 3.6 sets forth, for the fiscal years ended June 30, 2016 and June 30, 2016, and for the period ended March 31, 2017, the top ten major customers and the top ten major suppliers of MPC indicating materials and/or services supplied or purchased and a list identifying unwritten key arrangements with same, including rebate and incentive arrangements.
Customer and Suppliers. Schedule 3.17 contains a list setting forth the ten (10) largest customers of the Purchased Business, by dollar amount, over the twelve (12) months ended December 31, 2006 and the nine months ended September 30, 2007, and the ten (10) largest suppliers of the Purchased Business, by dollar amount, over the twelve (12) months ended December 31, 2006 and the nine months ended September 30, 2007. All purchase and sale orders and other commitments for purchases and sales made by Seller or any Subsidiary in connection with the Purchased Business have been made in the Ordinary Course of Business in accordance with past practices, and no payments have been made to any supplier or customers or any of their respective representatives other than payments to such suppliers or their representatives for the payment of the invoiced price of supplies purchased or goods sold in the Ordinary Course of Business. There are no customer rebate arrangements of the Purchased Business included in the Contracts.
Customer and Suppliers. Schedule 3.17 contains a list setting forth the ten (10) largest customers of the Optoelectronics Business, by dollar amount, over each of the 12-month periods ended September 30, 2002, 2001 and 2000. All purchase and sale orders and other commitments for purchases and sales made by Seller or a Subsidiary in connection with the Optoelectronics Business have been made in the ordinary course of business in accordance with past practices, and no payments have been made to any supplier or their representatives other than payments to such suppliers or their representatives for the payment of the invoiced price of supplies purchased or goods sold in the ordinary course of business.
Customer and Suppliers. Schedule 3.6 sets forth, for the fiscal periods ended May 31, 2016 and the six months ended November 30, 2016, the top ten major customers and the top ten major suppliers of MTIX indicating materials and/or services supplied or purchased and a list identifying unwritten key arrangements with same, including rebate and incentive arrangements.
Customer and Suppliers. Customer disputes (reference to “Ericsson” are to the local legal entity, unless noted) Supplier disputes [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.