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 business in the manner in which such business is currently being conducted.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Super League Gaming, Inc.), Agreement and Plan of Merger (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 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 business in the manner in which such business is currently being conducted.
Appears in 7 contracts
Samples: Agreement and Plan of Merger And, Agreement and Plan of Merger And (Cavium, Inc.), Agreement and Plan of Merger and Reorganization (Sbe Inc)
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 business of the Company in the manner in which such business is currently being conducted.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.), Escrow Agreement (Ask Jeeves Inc), Agreement and Plan of Merger and Reorganization (Ebay Inc)
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 business in the manner in which such business is currently being conducted.
Appears in 2 contracts
Samples: Merger Agreement (Bluephoenix Solutions LTD), Agreement and Plan of Merger (Bluephoenix Solutions LTD)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company are Acquired Companies are, taken as a whole, 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 business in the manner in which such business is currently being conducted.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Acquicor Technology Inc), Agreement and Plan of Merger (Conexant Systems Inc)
Equipment; Leasehold. (a) 5.8.1. 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.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ge Capital Equity Investments Inc), Agreement and Plan of Merger (Viryanet LTD)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company and the Subsidiaries 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 and the Subsidiaries’ respective business in the manner in which such business is currently being conducted.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Xse, LLC), Subscription Agreement (Xhibit Corp.)
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 Company business in the manner in which such business is currently being conducted.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Poseida Therapeutics, Inc.), Agreement and Plan of Merger and Reorganization (Poseida Therapeutics, Inc.)
Equipment; Leasehold. (a) All material The Company has good and marketable title to, or in the case of leased property and assets has valid leasehold interests in, all items of equipment and other tangible assets owned by or leased to each of the Company it and all such items 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 business in the manner in which such business is currently being conductedBusiness.
Appears in 1 contract
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, Acquired Companies 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 business of the Acquired Companies in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Registration Rights Agreement (Cavium Networks, Inc.)
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 business in the manner in which such business is currently being conductedconducted and Currently Proposed to be Conducted.
Appears in 1 contract
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 business in the manner in which such business is currently being conducted and as currently proposed to be conducted.
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 property owned by or leased to each of the Company Acquired Corporation 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 business of the Acquired Corporation in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Blue Martini Software Inc)
Equipment; Leasehold. (a) All material items of equipment and other material 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.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Placeware 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 operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s Acquired Corporation'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 (Electronics for Imaging Inc)
Equipment; Leasehold. (a) All material items of equipment and other material tangible assets owned by or leased to each of the Company and which are currently used by the Company in its ordinary course of business 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.
Appears in 1 contract
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 reasonably 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.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sorrento Networks Corp)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Parent and Merger Sub 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 business of the Parent and Merger Sub in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of to, and necessary for the operation of, the Company are adequate for the uses to which they are being put, are in good operating and safe condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business businesses of the Company in the manner in which such business is currently being conducted. A fixed asset listing setting forth the same is set forth in Part 3.11(a) of the Company Disclosure Schedule.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Raven Industries Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Companies 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 Companies' business in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Affiliate 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 Corporations are reasonably 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 business in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Siebel Systems Inc)
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 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 each of the Company Acquired Corporations 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 Acquired Corporations' business in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Vitria Technology Inc)
Equipment; Leasehold. (a) All To their Knowledge, 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.
Appears in 1 contract
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company and the Subsidiary 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 and the Subsidiary’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 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 created under the real
Appears in 1 contract
Samples: Exhibit 2 (Alliedsignal Inc)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company or its Subsidiaries 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 business of the Company or its Subsidiaries in the manner in which such business is currently being conducted.
Appears in 1 contract
Equipment; Leasehold. (a) 5.8.1. 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 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 each of to, and necessary for the operation of, the Company Entities are adequate for the uses to which they are being put, are in good operating and safe condition and repair in all material respects (ordinary wear and tear excepted), ) and are adequate for the conduct of the Company’s business businesses of the Company Entities in the manner in which such business is businesses are currently being conducted.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Creative Realities, Inc.)
Equipment; Leasehold. (a) All material items of The equipment and other tangible assets owned by or leased to each of 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 operating condition and repair in all material respects (ordinary wear and tear excepted), ) and are is adequate for the conduct of the Company’s Conduct's business in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Registration Rights Agreement (Mercury Interactive Corporation)
Equipment; Leasehold. (a) All material items of equipment and other tangible assets owned by or leased to each of the Company Acquired Companies 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 Acquired Companies business in the manner in which such business is currently being conducted.
Appears in 1 contract
Samples: Agreement and Plan of Merger And (Dot Hill Systems Corp)