Common use of Limitation on Covenant Clause in Contracts

Limitation on Covenant. Ownership by a Seller Party, as a passive investment, of less than one percent (1%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 5.2.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Tangoe Inc), Asset Purchase Agreement (Open Solutions Inc)

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Limitation on Covenant. Ownership by a the Seller PartySubject Parties, whether directly or indirectly, as a passive investment, of less than one five percent (15%) of the outstanding shares of capital stock or other securities of any corporation Person listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 5.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tangoe Inc)

Limitation on Covenant. Ownership by a Seller Party, as a passive investment, of less than one five percent (15%) of the outstanding shares of capital stock or debt of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 5.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Open Solutions Inc)

Limitation on Covenant. Ownership by a Seller PartySeller, as a passive investment, of less than one percent (1%) 3% of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the on any nationally recognized over-the-counter market shall not constitute a breach of this Section 5.21.

Appears in 1 contract

Samples: Noncompetition Agreement (Curative Health Services Inc)

Limitation on Covenant. Ownership by a Seller PartySeller, as a passive investment, of less than one percent (1%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 5.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Open Solutions Inc)

Limitation on Covenant. Ownership by a Seller Party, as a passive investment, of less than one five percent (15%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 5.25.5.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tangoe Inc)

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Limitation on Covenant. Ownership by a Seller Partyor XXX, as a passive investment, of less than one percent (1%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 5.25.7.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lateral Media, Inc.)

Limitation on Covenant. Ownership by a Seller PartySeller, Owosso or its Affiliates, as a passive investment, of less than one percent (1%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 5.25.1.

Appears in 1 contract

Samples: Asset Purchase Agreement (Owosso Corp)

Limitation on Covenant. Ownership by a Seller PartySeller, as a passive investment, of less than one five percent (15%) of the outstanding shares of capital stock of any corporation listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 5.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Open Solutions Inc)

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