Material Agreements, Contracts and Commitments. All oral or written ---------------------------------------------- contracts, obligations, commitments, plans, leases, instruments, arrangements or licenses which are material to the business of Asymetrix and its subsidiaries taken as a whole (for purposes of this Section 4.11, a "Material Agreement") ------------------ constitute valid and enforceable obligations of the parties thereto (except as to the effect, if any, of (i) applicable bankruptcy and other similar laws affecting the rights of creditors generally, (ii) rules of law governing specific performance, injunctive relief and other equitable remedies, and (iii) the enforceability of provisions requiring indemnification in connection with the offering, issuance or sale of securities); and are in full force and effect. Asymetrix is not, nor, to the best knowledge of Asymetrix, is any other party thereto, in breach or default in any material respect under the terms of any such Material Agreement. A copy of each Material Agreement has been made available to counsel for MSI and the Principals. Asymetrix is not a party to any contract or arrangement which, in the absence of a breach by the other party or parties thereto, has had or could reasonably be expected to have a Material Adverse Effect. Asymetrix does not have any material liability for renegotiation of government contracts or subcontracts, if any.
Material Agreements, Contracts and Commitments. Except as set forth on Exhibit 2.11 delivered to Excite herewith, Classifieds2000 is not a party or subject to any oral or written contracts, obligations, commitments, plans, leases, instruments, arrangements or licenses not entered into in the ordinary course of business and which is material to the business of Classifieds2000 (each a "MATERIAL AGREEMENT"). Material Agreements shall include, without limitation, any:
Material Agreements, Contracts and Commitments. (a) Except for the agreements set forth on Schedule 3.9, neither Brands nor any of its subsidiaries is a party to nor is it bound by:
Material Agreements, Contracts and Commitments. (a) Except for the agreements set forth on Schedule 4.9 and on Appendix A hereto, USA Dealers is not a party to nor is it bound by:
Material Agreements, Contracts and Commitments. (a) Schedule 3.20(a) of the Company Disclosure Letter sets forth a true, correct and complete list of each Company Material Contract (as defined below) that is in effect as of the date of this Agreement. For purposes of this Agreement, “Company Material Contract” of the Group Companies shall mean:
Material Agreements, Contracts and Commitments. Except as set forth on Exhibit 2.11 delivered to Excite herewith, Throw is not a party or subject to any oral or written contracts, obligations, commitments, plans, leases, instruments, arrangements or licenses not entered into in the ordinary course of business which is material to the business of Throw (each a "Material Agreement"), including, but not limited to any:
Material Agreements, Contracts and Commitments. Except as set forth on SCHEDULE 2.11 delivered to Acquirer herewith, Target is not a party or subject to any oral or written contracts, obligations, commitments, plans, leases, instruments, arrangements or licenses not entered into in the ordinary course of business which is material to the business of Target (each a "MATERIAL AGREEMENT"), including, but not limited to any:
Material Agreements, Contracts and Commitments. Except as set ---------------------------------------------- forth on Schedule 3.11 of the Xxxxx Schedule of Exceptions and other than this ------------- Agreement and the Xxxxx Ancillary Agreements, no Xxxxx Company is on the date hereof a party or subject to any oral or written contracts, obligations, commitments, plans, leases, instruments, arrangements or licenses which are material to the business of any Xxxxx Company (each a "Material Agreement"), ------------------ including, but not limited to any:
Material Agreements, Contracts and Commitments. Except as set forth on ---------------------------------------------- Schedule 3.11 of the Xxxxx Schedule of Exceptions and other than this Agreement ------------- and the Xxxxx Ancillary Agreements, no Principal is on the date hereof a party or subject to Material Agreement. All Material Agreements other than Current Services Agreements which are not Definitive Agreements, and to the best of the Xxxxx Companies' knowledge, all Current Services Agreements which are not Definitive Agreements, constitute valid and enforceable obligations of the parties thereto (except as to the effect, if any, of (i) applicable bankruptcy and other similar laws affecting the rights of creditors generally, (ii) rules of law governing specific performance, injunctive relief and other equitable remedies, and (iii) the enforceability of provisions requiring indemnification in connection with the offering, issuance or sale of securities), and are and will, immediately after the Effective Time, be in full force and effect. None of Principals is, nor, to the best knowledge of the Principals, is any other party thereto, in breach or default in any material respect under the terms of any such Material Agreement. No Principal is a party to any contract, agreement or arrangement which has had, or could reasonably be expected to have, a Material Adverse Effect.
Material Agreements, Contracts and Commitments. Except as set forth ---------------------------------------------- on Schedule 3.11 of the Aimtech Schedule of Exceptions and other than this ------------- Agreement and the Aimtech Ancillary Agreements, Aimtech is not on the date hereof a party or subject to any oral or written contracts, obligations, commitments, plans, leases, instruments, arrangements or licenses which are material to the business of Aimtech (each a "Material -------- Agreement"), including, but not limited to any: ---------
