List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party.
Appears in 9 contracts
Samples: Merger Agreement (Powerschool Holdings, Inc.), Merger Agreement (Perficient Inc), Merger Agreement (Kaleyra, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party. The Company has made available to Parent a true and complete copy of each Material Contract as in effect as of the date of this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company Group is a party or is bound as of the date hereof (other than any Employee Plans and Material Contracts contemplated by clause (i) of this Agreement, to which the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company or any Disclosure Letter), and a true, correct and complete copy of its Subsidiaries is a partyeach Material Contract has been made available to Parent.
Appears in 3 contracts
Samples: Merger Agreement (R1 RCM Inc. /DE), Merger Agreement (R1 RCM Inc. /DE), Merger Agreement (EngageSmart, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party. Prior to the date of this Agreement, the Company has made available to the Purchaser complete and correct copies of all of the Material Contracts.
Appears in 3 contracts
Samples: Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to or by which the Company or any of its Subsidiaries is a partyparty or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a true, correct and complete copy of each Material Contract has been made available to Parent.
Appears in 2 contracts
Samples: Merger Agreement (Cvent Inc), Merger Agreement (Tibco Software Inc)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company Group is a party or is bound as of the date hereof (other than any Employees Plans and Material Contracts contemplated by clause (i) of this Agreement, to which the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company or any Disclosure Letter), and a true, correct and complete copy of its Subsidiaries is a partyeach Material Contract has been made available to Parent.
Appears in 2 contracts
Samples: Merger Agreement (Vista Equity Partners Fund Viii, L.P.), Merger Agreement (Duck Creek Technologies, Inc.)
List of Material Contracts. Section 3.13(a4.12(a) of the Company Disclosure Letter contains a true, correct true and complete list of all Material ContractsContracts (except for Employee Plans or as set forth on Section 4.18(a) of the Company Disclosure Letter), as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party.
Appears in 2 contracts
Samples: Merger Agreement (Darden Restaurants Inc), Merger Agreement (Chuy's Holdings, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party. Prior to the date of this Agreement, the Company has made available to Purchaser complete and correct copies of all of the Material Contracts.
Appears in 2 contracts
Samples: Series B 1 Convertible Preferred Stock Purchase Agreement (Fluidigm Corp), Series B 2 Convertible Preferred Stock Purchase Agreement (Fluidigm Corp)
List of Material Contracts. Section 3.13(a3.14(b) of the Company Disclosure Letter contains a true, correct complete and complete accurate list of all Material Contracts, as in effect Contracts as of the date of this AgreementAgreement Date, to or by which the Company or any of its Subsidiaries is a partyparty or is bound, and identifies each subsection of Section 3.14(a) that describes such Material Contract.
Appears in 2 contracts
Samples: Merger Agreement (Tessco Technologies Inc), Merger Agreement (Tufin Software Technologies Ltd.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to or by which the Company or any of its Subsidiaries is a partyparty or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter). A copy of each Material Contract set forth in Section 3.13(a) of the Company Disclosure Letter has been made available to Parent prior to the date of this Agreement.
Appears in 2 contracts
List of Material Contracts. Section 3.13(a3.12(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party, and the Company has made available to Parent (or Parent’s outside counsel), or publicly filed with the SEC, true, correct and complete copies of each Material Contract.
Appears in 2 contracts
Samples: Merger Agreement (Haynes International Inc), Merger Agreement (Haynes International Inc)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company Group is a party or is bound as of the date hereof (other than any Material Contracts contemplated by clause (i) of this Agreementthe definition of Material Contract and any Material Contracts listed in Section 3.14(b), to which Section 3.14(c) or Section 3.18(a) of the Company or any Disclosure Letter), and a true, correct and complete copy of its Subsidiaries is a partyeach Material Contract has been made available to Parent.
Appears in 2 contracts
Samples: Merger Agreement (Monotype Imaging Holdings Inc.), Merger Agreement (Nutraceutical International Corp)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company Group is a party or is bound as of the date hereof (other than any Employee Plans, and Material Contracts contemplated by clause (i) of this Agreement, to which the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company or any Disclosure Letter), and a true, correct and complete copy of its Subsidiaries is a partyeach Material Contract has been made available to Parent.
Appears in 2 contracts
Samples: Merger Agreement (Restaurant Brands International Limited Partnership), Merger Agreement (Carrols Restaurant Group, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to or by which the Company or any of its Subsidiaries is a partyparty or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract).
Appears in 2 contracts
Samples: Merger Agreement (Liberty Tax, Inc.), Merger Agreement (Vitamin Shoppe, Inc.)
List of Material Contracts. Section 3.13(a5.12(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to or by which the Company or any of its Subsidiaries Group is a partyparty or is bound (other than any Employee Plans and Material Contracts contemplated by clause (i) of the definition of Material Contract) and a true, correct and complete copy of each Material Contract has been made available to Parent.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Revance Therapeutics, Inc.), Merger Agreement (Revance Therapeutics, Inc.)
List of Material Contracts. Section 3.13(a3.14(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a partyparty or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract), each of which has been made available by the Company to Parent prior to the date hereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zymergen Inc.), Merger Agreement (Ginkgo Bioworks Holdings, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date hereof of this Agreement, all Material Contracts to or by which the Company or any of its Subsidiaries is a partyparty or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract). A copy of each Material Contract set forth in Section 3.13(a) of the Company Disclosure Letter has been made available to Parent prior to the date of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Activision Blizzard, Inc.), Agreement and Plan of Merger
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to or by which the Company or any of its Subsidiaries is a partyparty or is bound as of the date hereof (other than any Material Contracts contemplated by clause (a) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a true, correct and complete copy of each Material Contract has been made available to Parent.
Appears in 1 contract
Samples: Merger Agreement (Blue Nile Inc)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company Group is a party or is bound as of the date hereof (other than any Material Contracts contemplated by clause (i) of this Agreement, to which the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company or any Disclosure Letter), and a true, correct and complete copy of its Subsidiaries is a partyeach Material Contract has been made available to the Parent Entities.
Appears in 1 contract
Samples: Merger Agreement (Pluralsight, Inc.)
List of Material Contracts. Section 3.13(a3.12(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to or by which the Company or any of its Subsidiaries is a partyparty or bound. The Company has made available to Parent true and complete unredacted copies of all Material Contracts in effect as of the date hereof.
Appears in 1 contract
List of Material Contracts. Section 3.13(a2.13(b) of the Company Disclosure Letter contains a true, correct complete and complete accurate list of all Material Contracts, as in effect Contracts as of the date of this Agreementhereof, to or by which the Company or any of its Subsidiaries is a partyparty or is bound, and identifies each subsection of Section 2.13(a) that describes such Material Contract.
Appears in 1 contract
Samples: Merger Agreement (New Relic, Inc.)
List of Material Contracts. Section 3.13(a3.14(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a partyparty or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.20(a) of the Company Disclosure Letter).
Appears in 1 contract
Samples: Merger Agreement (Del Frisco's Restaurant Group, Inc.)
List of Material Contracts. Section 3.13(a3.12(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material ContractsContracts (except for Employee Plans or as set forth on Section 3.18(a) of the Company Disclosure Letter), as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party.
Appears in 1 contract
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party. A copy of each Material Contract has been made available to Parent.
Appears in 1 contract
Samples: Merger Agreement (Cambrex Corp)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to or by which the Company or any of its Subsidiaries Group is a partyparty or is bound as of December 11, 2020 (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a true, correct and complete copy of each Material Contract has been made available to the Parent Entities.
Appears in 1 contract
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to or by which the Company or any of its Subsidiaries Group is a partyparty or is bound as of Table of Contents the date hereof (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a true, correct and complete copy of each Material Contract has been made available to Parent.
Appears in 1 contract
Samples: Merger Agreement (Apptio Inc)
List of Material Contracts. Section 3.13(a3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to or by which the Company or any of its Subsidiaries is a partyparty or is bound as of the date hereof (other than any Material Contracts contemplated by clause (a) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a true, correct and complete copy of each Material Contract has been made available to Parent.
Appears in 1 contract
Samples: Merger Agreement (Natus Medical Inc)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this the Original Agreement, to or by which the Company or any of its Subsidiaries Group is a partyparty or is bound (other than any Employee Plans and Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a copy of each Material Contract has been made available to Parent.
Appears in 1 contract
List of Material Contracts. Section 3.13(a3.12(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to which the Company or any of its Subsidiaries is a party.
Appears in 1 contract
Samples: Merger Agreement (Atlas Technical Consultants, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company Group is a party or is bound as of the date hereof (other than any Material Contracts contemplated by clause (i) of this Agreementthe definition of Material Contract), and a true, correct and complete copy of each Material Contract has been made available to which the Company or any of its Subsidiaries is a partyParent.
Appears in 1 contract
Samples: Merger Agreement
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to or by which the Company or any of its Subsidiaries is a partyparty or is bound.
Appears in 1 contract
Samples: Merger Agreement (PRGX Global, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to or by which the Company or any of its Subsidiaries Group is a partyparty or is bound (other than any Employee Plans and Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a copy of each Material Contract has been made available to Parent.
Appears in 1 contract
Samples: Merger Agreement (Squarespace, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to or by which the Company or any of its Subsidiaries is a party.party or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.19(a) of the Company Disclosure Letter). The Company has made available to Parent, or publicly filed with the SEC, a true, correct and complete copy of each Material Contract required to be scheduled in Section 3.13(a) of the Company Disclosure Letter. Table of Contents
Appears in 1 contract
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date hereof of this Agreement, all Material Contracts to or by which the Company or any of its Subsidiaries is a partyparty or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.20(a) of the Company Disclosure Letter). A copy of each Material Contract set forth in Section 3.13(a) of the Company Disclosure Letter has been made available to Parent prior to the date of this Agreement.
Appears in 1 contract
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company Group is a party or is bound as of the date hereof (other than any Material Contracts contemplated by clause (i) of this Agreement, to which the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company or any Disclosure Letter), and a true, correct and complete copy of its Subsidiaries is a partyeach such Material Contract has been made available to Parent.
Appears in 1 contract
Samples: Merger Agreement (Mobileiron, Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to which the Company or any of its Subsidiaries is a party.
Appears in 1 contract
List of Material Contracts. Section 3.13(a3.14(b) of the Company Disclosure Letter contains a true, correct complete and complete accurate list of all Material Contracts, as in effect Contracts as of the date Agreement Date (other than Contracts contemplated by clause (i) of this Agreementthe definition of Material Contract and which are listed in the Exhibit Index to the Company’s Annual Report on Form 10-K filed by the Company with the SEC for the fiscal year ended December 31, 2022), to or by which the Company or any of its Subsidiaries is a partyparty or is bound, and identifies each subsection of Section 3.14(a) that describes such Material Contract.
Appears in 1 contract
Samples: Merger Agreement (Fathom Digital Manufacturing Corp)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, Contracts to or by which the Company or any of its Subsidiaries is a partyparty or is bound as of the date hereof (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a true, correct and complete copy of each Material Contract has been made available to Parent.
Appears in 1 contract
Samples: Merger Agreement (Marketo, Inc.)
List of Material Contracts. Section 3.13(a3.14(a) of the Company Disclosure Letter contains a true, correct complete and complete accurate list of all Material Contracts, as in effect Contracts as of the date of this Agreementhereof, to or by which the Company or any of its Subsidiaries is a partyparty or is bound, and identifies each subsection of Section 3.14(a) that describes such Material Contract.
Appears in 1 contract
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect as of the date of this Agreement, to or by which the Company or any of its Subsidiaries is a partyparty or is bound (other than any Material Contracts contemplated by clause (i) of the definition of Material Contract). The Company has made available to Parent true and complete copies of all Material Contracts, including any amendments thereto.
Appears in 1 contract
Samples: Merger Agreement (Otelco Inc.)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company is a party or is bound as of the date hereof (other than any Material Contracts contemplated by clause (i) of this Agreement, to which the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company Disclosure Letter), and a true, correct and complete copy of each Material Contract has been made available to Parent, or any has been publicly made available in the Electronic Data Gathering, Analysis, and Retrieval (XXXXX) database of its Subsidiaries is a partythe SEC.
Appears in 1 contract
Samples: Merger Agreement (Ellie Mae Inc)
List of Material Contracts. Section 3.13(a) of the Company Disclosure Letter contains a true, correct and complete list of all Material Contracts, as in effect Contracts to or by which the Company Group is a party or is bound as of the date hereof (other than any Material Contracts contemplated by clause (i) of this Agreement, to which the definition of Material Contract and any Material Contracts listed in Section 3.18(a) of the Company or any Disclosure Letter), and a true, correct and complete copy of its Subsidiaries is a partyeach Material Contract has been made available to Parent.
Appears in 1 contract
Samples: Merger Agreement (Xactly Corp)
List of Material Contracts. Section 3.13(a3.14(b) of the Company Disclosure Letter contains a true, correct complete and complete accurate list of all Material Contracts, as in effect Contracts as of the date of this Agreementhereof, to or by which the Company or any of its Subsidiaries is a partyparty or is bound, and identifies each subsection of Section 3.14(a) that describes such Material Contract.
Appears in 1 contract
Samples: Merger Agreement (Cloudera, Inc.)