Common use of Customer and Suppliers Clause in Contracts

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.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (NetApp, Inc.), Asset Purchase Agreement (Lsi Corp)

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Customer and Suppliers. Schedule 3.17 contains a list setting forth the five (5) largest customers of the Engenio BusinessSeller Business those in excess of $50,000 per year, by dollar amount, over the twelve (12) months ended December 31November 30, 2010 2017 (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 Seller Business, by dollar amount, over the twelve (12) months ended December 31, 2010 2016 (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 Seller 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.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Magnegas Corp), Asset Purchase Agreement (Magnegas Corp)

Customer and Suppliers. Schedule 3.17 contains a list setting forth the five (5) largest customers of the Engenio BusinessSeller Business generating sales in excess of $50,000 per year, by dollar amount, over the twelve (12) months ended December 31, 2010 2017 (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 Seller Business, by dollar amount, over the twelve (12) months ended December 31, 2010 2017 (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 Seller 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Magnegas Corp)

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Customer and Suppliers. Schedule 3.17 contains a list setting forth the five (5) largest customers of the Engenio BusinessSeller Business those in excess of $50,000 per year, by dollar amount, over the twelve (12) months ended December 31, 2010 2018 (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 Seller Business, by dollar amount, over the twelve (12) months ended December 31, 2010 2017 (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 Seller 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Taronis Technologies, Inc.)

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