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.
Appears in 38 contracts
Samples: Agreement and Plan of Merger and Reorganization (Terayon Communication Systems), Agreement and Plan of Merger and Reorganization (Vitesse Semiconductor Corp), Agreement and Plan of Merger and Reorganization (Clarent Corp/Ca)
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 constitute all of the material items of equipment and other tangible assets reasonably necessary for the conduct of the Company's business in the manner in which such business is currently being conducted.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Accrue Software Inc), Agreement and Plan of Merger (Accrue Software Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company Acquired Companies are adequate for the uses to which they are being put, are in good operating condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business of the Acquired Companies in the manner in which such business is currently being conducted.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Ditech Corp), Agreement and Plan of Merger and Reorganization (Ask Jeeves 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 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 respective Acquired Corporations in the manner in which such business is currently being conducted.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Wind River Systems Inc), 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 as of the Closing Date (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.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Digital River Inc /De), Agreement and Plan of Merger (Digital River Inc /De)
Equipment; Leasehold. (aA) 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.
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 operating 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 conductedconducted and as proposed to be conducted pursuant to the Company Operating Plan.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Internap Network Services Corp/Wa)
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) put and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Affiliate Agreement (Zitel Corp)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company Seller 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 CompanySeller's business in the manner in which such business is currently being conducted.
Appears in 1 contract
Equipment; Leasehold. (aA) All material items of equipment and other tangible assets owned by or leased to the Company 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).
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 Companys' business in the manner in which such business is currently being conducted.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company, and used by the Company in its business, 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.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Qualcomm Inc/De)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to the Company and IDP 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 or IDP's business in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Imaginon Inc /De/)
