Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 of the Disclosure Schedule.
Appears in 22 contracts
Samples: Merger Agreement (Terayon Communication Systems), Merger Agreement (Women Com Networks Inc), Agreement and Plan of Merger and Reorganization (Terayon Communication Systems)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted) ), and are adequate for the conduct of the Company's ’s business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold interests created under the real property lease leases identified in Part 2.10 of the Disclosure ScheduleSchedule 2.8(b).
Appears in 7 contracts
Samples: Merger Agreement (Super League Gaming, Inc.), Merger Agreement (Quantumsphere, Inc.), Agreement and Plan of Merger (Quantumsphere, Inc.)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Corporations are reasonably adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of each of the Company's business Acquired Corporations' respective businesses in the manner in which such business is businesses are currently being conducted.
(b) . The Company does Acquired Corporations do not own any real property or any interest in real property, except for the leasehold created under the real property lease leases identified in Part 2.10 2.9(b) of the Disclosure Schedule.
Appears in 2 contracts
Samples: Merger Agreement (Siebel Systems Inc), Merger Agreement (Siebel Systems Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good operating condition and repair in all material respects (ordinary wear and tear excepted) ), and are adequate for the conduct of the Company's ’s business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold interests created under the real property lease leases identified in Part 2.10 of the Disclosure ScheduleSchedule 2.8(b).
Appears in 2 contracts
Samples: Merger Agreement (Bluephoenix Solutions LTD), Merger Agreement (Bluephoenix Solutions LTD)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's ’s business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 of the Disclosure Schedule.
Appears in 2 contracts
Samples: Merger Agreement (St. Bernard Software, Inc.), Merger Agreement (Patient Infosystems Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 2.8 of the Company Disclosure Schedule.
Appears in 2 contracts
Samples: Merger Agreement (Egain Communications Corp), Agreement and Plan of Merger and Reorganization (Maxim Pharmaceuticals Inc)
Equipment; Leasehold. (a) 5.8.1. All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) 5.8.2. The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 5.10 of the Disclosure Schedule.
Appears in 2 contracts
Samples: Merger Agreement (Ge Capital Equity Investments Inc), Merger Agreement (Viryanet LTD)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold leaseholds created under the real property lease leases identified in Part 2.10 of the Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Titan Corp)
Equipment; Leasehold. (a) All material items of The equipment and other tangible assets owned by or leased to the Company are by Conduct and Subsidiary is, taken as a whole, adequate for the uses to which they are it is being put, are is in good condition and repair (ordinary wear and tear excepted) and are is adequate for the conduct of the CompanyConduct's business in the manner in which such business is currently being conducted.
(b) The Company does not own Neither Conduct nor Subsidiary owns any real property or any interest in real property, except for the leasehold created under the real property lease leases identified in Part 2.10 2.8(b) of the Disclosure Schedule.
Appears in 1 contract
Samples: Share Exchange Agreement (Mercury Interactive Corporation)
Equipment; Leasehold. (a) 5.8.1. All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's ’s business in the manner in which such business is currently being conducted.
(b) 5.8.2. The Company does not own any real property or any interest in real property, except for the leasehold created an interest as a tenant or occupant under the real property lease identified that certain Enporion Technology Support Services Agreement listed in Part 2.10 5.10.1 of the Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Viryanet LTD)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company Acquired Corporations are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the CompanyAcquired Corporation's business in the manner in which such business is currently being conducted.
(b) The Company does not own Neither of the Acquired Corporations owns any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 2.11 of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other material tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good and safe condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business of the Company in the manner in which such business is currently being conducted.
(b) . The Company does not own any real property or any interest in real property, except for the leasehold leaseholds created under the real property lease leases identified in Part 2.10 2.8 of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other material tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease leases identified in Part 2.10 of the Company Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Placeware Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's ’s business in the manner in which such business is currently being conducted and as currently proposed to be conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 2.8 of the Company Disclosure Schedule.
Appears in 1 contract
Samples: Asset and Share Purchase Agreement (Elbit Vision Systems LTD)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's ’s business in the manner in which such business is currently being conductedconducted and Currently Proposed to be Conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease leases identified in Part 2.10 2.8(b) of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company Acquired Corporations are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business of the Acquired Corporations in the manner in which such business is currently being conducted.
(b) The Company does not own . No Acquired Corporation owns any real property or any interest in real property, except for the leasehold leaseholds created under the real property lease leases identified in Part 2.10 2.8 of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's ’s business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold leaseholds created under the real property lease leases identified in Part 2.10 of the Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Micronetics Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Corporations are reasonably adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted).
(b) The Company does Acquired Corporations do not own any real property or any interest in real property, except for the leasehold created under the real property lease leases identified in Part 2.10 of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's ’s business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 2.8 of the Company Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Sbe Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 of the Disclosure Schedule.real
Appears in 1 contract
Samples: Merger Agreement (Alliedsignal Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted).
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease leases identified in Part Schedule 2.10 of the Disclosure Schedule.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Terayon Communication Systems)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company Acquired Corporations are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's Acquired Corporations' business in the manner in which such business is currently being conducted.
(b) The Company does not own None of the Acquired Corporations owns any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company Companies are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's Companies' business in the manner in which such business is currently being conducted.
(b) The Company does not own None of the Companies owns any real property or any leasehold interest in real property, except for the leasehold leaseholds created under the real property lease leases identified in Part 2.10 2.9 of the Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Ebay Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Companies are reasonably adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of each of the Company's business Acquired Companies' respective businesses in the manner in which such business is businesses are currently being conducted.
(b) . The Company does Acquired Companies do not own any real property or any interest in real property, except for the leasehold created under the real property lease leases identified in Part 2.10 2.9(b) of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in reasonably good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold leaseholds created under the any real property lease identified in Part 2.10 of the Disclosure Schedule.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 2.10(b) of the Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Ebay Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease leases identified in Part 2.10 of the Disclosure Schedule.
Appears in 1 contract
Samples: Merger Agreement (Digitalthink Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted). This Section 2.8(a) and are adequate for the conduct is not intended to be a representation regarding infringement, misappropriation or violation of the Company's business in the manner in which such business is currently being conductedProprietary Assets of any third party.
(b) The Company does not own any real property or any interest in real property, except for the leasehold interest in property created under the real property lease agreements identified in Part 2.10 2.8(b) of the Company Disclosure Schedule.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (MIGENIX Inc.)
Equipment; Leasehold. (a) All To their Knowledge, all material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
(b) The Company does not own any real property or any interest in real property, except for the property other than a leasehold created under the real property lease identified interest in Part 2.10 of the Disclosure Scheduleoffice space.
Appears in 1 contract