Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 21 contracts
Samples: Merger Agreement (Diodes Inc /Del/), Share Exchange Agreement (WebXU, Inc.), Share Exchange Agreement (WebXU, Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 10 contracts
Samples: Membership Interest Purchase Agreement (Global Services Partners Acquisition Corp.), Merger Agreement (Getthere Com), Agreement and Plan of Reorganization (Ask Jeeves Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 8 contracts
Samples: Merger Agreement (Euniverse Inc), Merger Agreement (Euniverse Inc), Agreement and Plan of Reorganization (Printcafe Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 7 contracts
Samples: Merger Agreement (Sigmatel Inc), Asset Purchase Agreement (Timeline Inc), Merger Agreement (Maxygen Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 5 contracts
Samples: Merger Agreement (SP Holding CORP), Merger Agreement (SP Holding CORP), Merger Agreement (Saflink Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its Subsidiaries’ business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Ellie Mae Inc), Stock Purchase Agreement (PDF Solutions Inc), Merger Agreement (Alyst Acquisition Corp.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are materialmaterial to its business, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization, Agreement and Plan of Reorganization (Netratings Inc), Agreement and Plan of Reorganization (Netratings Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (E Piphany Inc), Agreement and Plan of Reorganization (Cybercash Inc), Merger Agreement (Cybercash Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course of business consistent with past practice;.
Appears in 4 contracts
Samples: Merger Agreement (INPHI Corp), Merger Agreement (INPHI Corp), Merger Agreement (Nuvasive Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course of business consistent with past practice;
Appears in 4 contracts
Samples: Merger Agreement (Adventrx Pharmaceuticals Inc), Merger Agreement (Convio, Inc.), Merger Agreement (Pure Biofuels Corp)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 4 contracts
Samples: Purchase Agreement (Naviant Inc), Purchase Agreement (Naviant Inc), Agreement and Plan of Reorganization (Fogdog Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 3 contracts
Samples: Merger Agreement (Wachtel Harry M), Merger Agreement (Autoinfo Inc), Agreement and Plan of Reorganization (Maxtor Corp)
Dispositions. Sell, lease, license or otherwise dispose ------------ of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Merger Agreement (Credence Systems Corp), Merger Agreement (Integrated Measurement Systems Inc /Or/), Merger Agreement (Credence Systems Corp)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Merger Agreement (Lam Research Corp), Merger Agreement (Lam Research Corp), Agreement and Plan of Reorganization (Cacheflow Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Novellus Systems Inc), Merger Agreement (Speedfam Ipec Inc), Stock Purchase Agreement (Cisco Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are materialassets, individually or in the aggregate, material to its business, taken as a whole, business except sales of inventory in the ordinary course of business business, consistent with past practice;
Appears in 3 contracts
Samples: Merger Agreement (Us Dry Cleaning Corp), Merger Agreement (Us Dry Cleaning Corp), Purchase Agreement (Us Dry Cleaning Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Zygo Corp), Merger Agreement (Bio Technology General Corp), Asset Purchase Agreement (Act Networks Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except in the ordinary course of business business, consistent with past practice;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc), Agreement and Plan of Reorganization (Intraop Medical Corp), Agreement and Plan of Reorganization (Digitalpreviews Com Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 3 contracts
Samples: Stock Purchase Agreement (Emcon), Merger Agreement (Fonix Corp), Agreement and Plan of Reorganization (Emcon)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, business except in the ordinary course of business consistent with past practicebusiness;
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Cardiometrics Inc), Agreement and Plan of Reorganization (Endosonics Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries’ business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Merger Agreement (Pixelworks Inc), Merger Agreement (Flir Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to the business of Company and its business, Subsidiaries (taken as a whole), except in the ordinary course of business consistent with past practicepractice and except for the sale of real estate owned in accordance with current policies of Company with respect thereto;
Appears in 2 contracts
Samples: Merger Agreement (E Trade Group Inc), Merger Agreement (E Trade Group Inc)
Dispositions. Sell, lease, license license, or otherwise dispose of or encumber any of its their properties or assets which are material, material individually or in the aggregate, to its businessthe STEAG Subsidiaries, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 2 contracts
Samples: Strategic Business Combination Agreement (Mattson Technology Inc), Strategic Business Combination Agreement (Steag Electronic Systems GMBH)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are materialassets, individually or in the aggregate, to its business, taken as a whole, except other than sales of inventory in the ordinary course of business consistent with past practicepractice (for the avoidance of doubt, selling assets to suppliers shall not be considered to be within the ordinary course of business);
Appears in 2 contracts
Samples: Share Purchase Agreement (Silicon Laboratories Inc), Merger Agreement (Silicon Laboratories Inc)
Dispositions. Sell, lease, license or otherwise ------------ dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Merger Agreement (DentalServ.com), Agreement and Plan of Merger (DentalServ.com)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Stock Purchase Agreement (NGT Enterprises Inc), Merger Agreement (Data Measurement Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber ------------ any of its properties or assets which are material, material individually or in the aggregate, to it and its business, taken as a whole, except in the ordinary course of business consistent with past practicebusiness;
Appears in 2 contracts
Samples: Unit Purchase Agreement (Rapidtron Inc), Convertible Note and Warrant Purchase Agreement (Rapidtron Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except in the ordinary course Ordinary Course of business Business, consistent with past practice;.
Appears in 2 contracts
Samples: Share Subscription Agreement (Millennium India Acquisition CO Inc.), Share Subscription Agreement (Millennium India Acquisition CO Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Merger Agreement (Old Guard Group Inc), Stock Purchase Agreement (Mercer Insurance Group Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, material individually or in the aggregate, to it and its business, taken as a whole, except in the ordinary course of business consistent with past practicebusiness;
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Convertible Note and Warrant Purchase Agreement (Rapidtron Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its businessthe Company’s and/or any Subsidiary’s businesses, taken as a whole, except other than sales of products in the ordinary course of business consistent with its past practice;
Appears in 2 contracts
Samples: Merger Agreement (Netsolve Inc), Merger Agreement (Cisco Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Softnet Systems Inc), Merger Agreement (PLX Technology Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practicebusiness;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Predictive Systems Inc), Merger Agreement (Predictive Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets (other than Target Intellectual Property) which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (I2 Technologies Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Acquisition Agreement (Autobytel Inc), Acquisition Agreement (Autobytel Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales, leases, licenses or other dispositions of products in the ordinary course of business consistent with past practicebusiness;
Appears in 2 contracts
Samples: Merger Agreement (Plumtree Software Inc), Merger Agreement (Bea Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its the properties or assets which of the Company that are material, individually or in the aggregate, to its the Company’s business, taken as a whole, except other than in the ordinary course of business consistent with past practice;.
Appears in 2 contracts
Samples: Share Purchase Agreement (Codex DNA, Inc.), Merger Agreement (Qualcomm Inc/De)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Merger Agreement (Legato Systems Inc), Merger Agreement (Ontrack Data International Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, whole except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 2 contracts
Samples: Merger Agreement (Crossroads Systems Inc), Agreement and Plan of Reorganization (Uproar Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than sales of inventory in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Merger Agreement (Silicon Laboratories Inc), Agreement and Plan of Reorganization (Silicon Laboratories Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 2 contracts
Samples: Option and Asset Purchase Agreement (Ats Medical Inc), Asset Purchase Agreement (Progress Software Corp /Ma)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course Ordinary Course of business consistent with past practiceBusiness;
Appears in 2 contracts
Samples: Merger Agreement (Stratasys Inc), Merger Agreement (Intermec, Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its their properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practiceBusiness;
Appears in 1 contract
Samples: Business Acquisition Agreement (China Medical Technologies, Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except other than in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Vignette Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, whole except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Multex Com Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to the business of Company and its business, Subsidiaries (taken as a whole), except in the ordinary course of business consistent with past practicepractice and except for the sale of real estate owned in accordance with current policies of Company with respect thereto;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its businessthe Business, taken as a whole, except other than sales and non-exclusive licenses of Company Products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (Sourcefire Inc)
Dispositions. Sell, assign, transfer lease, sublease, license or otherwise dispose of or encumber any of its real property or any of its other properties or assets which are materialassets, material to its business, individually or in the aggregate, to its business, taken as a whole, except for dispositions in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Amicus Therapeutics Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Genesys Telecommunications Laboratories Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, ; taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (Cisco Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except business other than in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Ashford Com Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholewhole except for sales, except leases or licenses of products in the ordinary course of business consistent with past practicebusiness;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Sandpiper Networks Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its the Company’s properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Option and Purchase Agreement (Netfabric Holdings, Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, business taken as a whole, except for sales, leases or licenses of Company products in the ordinary course of business consistent with past practicecourse;
Appears in 1 contract
Samples: Merger Agreement (Micrel Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its material properties or assets which are materialassets, individually or in the aggregate, to its business, taken as a whole, except other than sales in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Stock Purchase Agreement (EPIRUS Biopharmaceuticals, Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course of business consistent with past practicebusiness;
Appears in 1 contract
Samples: Merger Agreement (Nuvasive Inc)
Dispositions. Sell, lease, license or otherwise dispose ------------ of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and, if applicable, its Subsidiaries', business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholewhole except for sales, except leases or licenses of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Digital Island Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its Company’s properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (Ivillage Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except for sales of inventory in the ordinary course of business consistent with past practicebusiness;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Packeteer Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material(including without limitation, any Owned Real Property and any real property subject to Lease Agreements), individually or in the aggregate, material to its businessbusiness except, taken as a wholein each case, except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its the Business’s properties or assets which are material, individually or in the aggregate, to its businessthe Business, taken as a whole, except other than Inventory or the sale of Securitization Receivables in the ordinary course of business consistent with past practicecourse;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;; (f)
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Rational Software Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (Cisco Systems Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except for sales, leases or licenses of products in the ordinary course of business consistent with past practice;business; or
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its material properties or assets which are materialassets, individually or in the aggregate, to its business, taken as a whole, except other than sales of inventory in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except for dispositions in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholeassets, except for sales, leases or licenses of products in the ordinary course of business consistent with past practice;business; or
Appears in 1 contract
Samples: Merger Agreement (Zond Panaero Windsystem Partners I)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of any assets or encumber any of its properties that are material to the Company or assets which are material, individually or in the aggregate, to its business, Subsidiaries taken as a whole, or create any material Encumbrance (other than Permitted Encumbrances) on such assets or properties, except sales or non-exclusive licenses of Company Products in the ordinary course of business and consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (Symantec Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are materialMaterial, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course Ordinary Course of business consistent with past practice;Business.
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose ------------ of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except for sales of products in the ordinary course of business consistent with past practicecourse;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Gasonics International Corp)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except other than in the ordinary course of business consistent with past practicepractice or, in the case of Acquirer, as contemplated by existing agreements between Acquirer and Clearlake or its affiliates;
Appears in 1 contract
Samples: Merger Agreement (Goamerica Inc)
Dispositions. Sell, lease, license or otherwise dispose of ------------ or encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, Sell lease, license or otherwise dispose of or encumber any of its properties or assets which are material, material individually or in the aggregate, to its and its business, taken as a whole, except for Permitted Liens or in the ordinary course Ordinary Course of business consistent with past practiceBusiness;
Appears in 1 contract
Samples: Merger Agreement (Mdsi Mobile Data Solutions Inc /Can/)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or materially encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (Phone Com Inc)
Dispositions. Sell, assign, transfer, convey, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its the Company’s business, taken as a whole, except other than sales of products in the ordinary course of business consistent with its past practice;
Appears in 1 contract
Samples: Merger Agreement (Applera Corp)
Dispositions. Sell, leaselease (other than in the ordinary course of business), license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (Id Arizona Corp.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except for (i) sales of products and services in the ordinary course of business consistent with past practiceor (ii) sales of obsolete or unused equipment;
Appears in 1 contract
Dispositions. Sellsell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholePurchased Assets, except for sales of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a wholewhole , except other than in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Goamerica Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, whole except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (Phone Com Inc)
Dispositions. Sell, lease, license or otherwise dispose of ------------ or encumber any of its properties or assets which are material, material individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its the Company’s business, taken as a wholewhole with its Subsidiaries, except other than sales of products or services in the ordinary course of business consistent with its past practice;
Appears in 1 contract
Samples: Merger Agreement (Telanetix,Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its material properties or assets which are material, individually or in the aggregate, to its business, taken as a wholematerial assets, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (E Trade Group Inc)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business business, consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its Subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;; (h)
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which that are material, individually or in the aggregate, to its businessthe Business, taken as a whole, except other than sales and non-exclusive licenses of Company Products in the ordinary course of business substantially consistent with past practicepractice or enter into any Contract with respect to the foregoing;
Appears in 1 contract
Samples: Merger Agreement (Meru Networks Inc)
Dispositions. Sell, lease, license lease or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Virage Logic Corp)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, material individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Agile Software Corp)
Dispositions. Sell, lease, license or otherwise dispose ------------ of or encumber any of its properties or assets which are material, individually or in the aggregate, to its and its parent's/subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Measurex Corp /De/)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which that are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except sales or licenses of product or inventory in the ordinary course of business and consistent with past practice;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Qualix Group Inc)
Dispositions. Sell, leaselease (other than in the ordinary course of business), license or otherwise dispose of or encumber any of its tangible properties or tangible assets which are material, individually or in the aggregate, to its business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a whole, except for sales or licenses of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Samples: Merger Agreement (ARGON ST, Inc.)
Dispositions. Sell, lease, license or otherwise dispose of or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholethe Business, except for sales or licenses of products in the ordinary course of business consistent with past practice;
Appears in 1 contract
Dispositions. Sell, lease, license or otherwise dispose of ------------ or encumber any of its properties or assets which are material, individually or in the aggregate, to its business, taken as a wholewhole except for sales, except leases or licenses of products in the ordinary course of business consistent with past practicebusiness;
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Digital Island Inc)
Dispositions. Sell, lease, license or otherwise dispose of or ------------ encumber any of its properties or assets which are material, individually or in the aggregate, to its and its subsidiaries' business, taken as a whole, except in the ordinary course of business consistent with past practice;
Appears in 1 contract
