MATERIAL CUSTOMERS AND CONTRACTS. (a) Schedule 5.09 (i) sets forth an accurate list of all customers representing 5% or more of the Company's revenues for each of the fiscal year ended in 1999 and the interim period ended on the Balance Sheet Date (the "Material Customers"), and (ii) sets forth an accurate list and briefly describes all material contracts, warranties, commitments, understandings, instruments and similar agreements and arrangements to which the Company is currently a party or by which it or any of its properties is bound (the "Listed Agreements"), including, but not limited to, (A) all customer contracts in excess of $10,000, individually, or $25,000 in the aggregate, (B) contracts with any labor organizations, (C) leases providing for annual rental payments in excess of $5,000, individually, or $10,000 in the aggregate, (D) loan agreements, (E) pledge and security agreements, (F) financing agreements, (G) indemnity or guaranty agreements or obligations, (H) bonds, debentures and indentures, (I) notes, (J) mortgages, (K) joint venture, partnership or cost-sharing agreements, (L) options to purchase real or personal property, (M) agreements relating to the purchase or sale by the Company of assets or securities for more than $5,000, individually, or $10,000 in the aggregate, (N) agreements, which, by their terms, require the consent of any party thereto to the consummation of the transactions contemplated hereby, (O) voting trust agreements or similar stockholders' agreements, (P) agreements providing for the purchase from a supplier of all or substantially all the requirements of the Company of a particular product, material or service and (Q) any other contracts, warranties, commitments, understandings, instruments and similar agreements and arrangements which involve aggregate payments in excess of $10,000 that cannot be canceled in 30 days' or less notice without penalty or premium or any continuing obligation or liability. Prior to the date hereof, the Company has made available to U.S. Concrete true, complete and correct copies of all the Listed Agreements.
MATERIAL CUSTOMERS AND CONTRACTS. (a) Schedule 5.9 sets forth an accurate list of (i) all customers representing 5% of each Company's revenues for the fiscal year ended in 1997 or the interim period ended on the Balance Sheet Date (the "Material Customers"), and (ii) all material executory contracts, warranties, commitments and similar agreements to which any Company is currently a party or by which it or any of its properties is bound, including, but not limited to, (A) all customer contracts in excess of $100,000, individually, or $250,000 in the aggregate, including, without limitation, consignment contracts, (B) contracts with any labor organizations, (C) leases providing for annual rental payments in excess of $20,000, individually, or $50,000 in the aggregate, (D) loan agreements, (E) pledge and security agreements, (F) indemnity or guaranty agreements or obligations , (G) bonds, (H) notes, (I) mortgages, (J) joint venture or partnership agreements, (K) options to purchase real or personal property, and (L) agreements relating to the purchase or sale by any Company of assets (other than oral agreements relating to sales of inventory or services in the ordinary course of business, consistent with past practices) or securities for more than $5,000, individually, or $10,000 in the aggregate. Prior to the date hereof, each Company has made available to Quanta complete and correct copies of all such agreements. To the extent applicable, the contracts and agreements set forth in Schedule 5.9 are separately identified as lump sum, unit price, cost plus or maintenance agreements.
MATERIAL CUSTOMERS AND CONTRACTS. Schedule 3.9 sets forth an accurate list of (i) all customers representing 5% or more of the Company’s revenues in any of the periods covered by the Financial Statements, and (ii) all material contracts, commitments and similar agreements to which the Company is currently a party or by which it or any of its properties is bound, including, but not limited to, contracts with customers, leases, loan agreements, pledge and security agreements, indemnity or guaranty agreements, bonds, notes, mortgages, joint venture or partnership agreements, options to purchase real or personal property, and agreements relating to the purchase or sale by the Company of assets or securities. Schedule 3.9 contains true, complete and correct copies of all such agreements. Except to the extent set forth on Schedule 3.9, (i) none of the Company’s material customers have canceled or substantially reduced or is currently attempting or, to the Knowledge of Company, threatening to cancel or substantially reduce its use of the Company’s services, (ii) the Company has complied with all material commitments and obligations pertaining to it under such agreements and is not in default under any such agreements, no notice of default has been received by the Company and the Shareholder is aware of no basis therefor and (iii) except as set forth on Schedule 3.9, the Transactions contemplated by this Agreement will not result in a default or an automatic termination of any contracts between the Company and customers. Except as set forth on Schedule 3.9, the Company is not now and has never been a party to any governmental contracts which by their terms are subject to price redetermination or renegotiation.
MATERIAL CUSTOMERS AND CONTRACTS. (a) Schedule 2.11 sets forth an accurate list of (i) all customers representing 10% or more of the Company's and its Subsidiaries consolidated revenues for the fiscal year ended December 31, 1999 or the interim period ended on the Balance Sheet Date (the "Material Customers"), and (ii) all contracts, warranties, commitments and similar agreements to which the Company or any of its Subsidiaries are currently a party or by which they or any of their properties are bound, involving, (A) customer contracts in excess of $100,000, including, without limitation, consignment contracts, (B) contracts with any labor organizations, (C) leases providing for annual rental payments in excess of $100,000, (D) loan agreements, (E) pledge and security agreements, (F) indemnity or guaranty agreements or obligations , (G) bonds, (H) notes, (I) mortgages, (J) joint venture or partnership agreements, (K) options to purchase real or personal property, (L) agreements relating to the purchase or sale by the Company of assets (other than oral agreements relating to sales of inventory or services in the ordinary course of business, consistent with past practices) or securities for more than $100,000, individually, (M) all non-compete agreements to which the Company is a party and which restrict the Company's ability to compete, and, to the Company's knowledge, all non-compete agreements between the Company's current officers and employees and any third parties, and (N) other material agreements of the Company not made in the ordinary course of business that could have a Material Adverse Effect. Prior to the date hereof, the Company has made available to the Purchasers complete and correct copies, including all amendments, of all such agreements.
MATERIAL CUSTOMERS AND CONTRACTS. (a) Schedule 5.9 sets forth an accurate list of (i) all customers of the Company as of June 26, 2001 (the "Material Customers"), and (ii) all material executory contracts, warranties, commitments and similar agreements to which the Company is currently a party or by which it or any of its properties is bound, including, but not limited to, (A) all customer contracts in excess of $10,000, individually, or $25,000 in the aggregate, including, without limitation, consignment contracts, (B) contracts with any labor organizations, (C) leases providing for annual rental payments in excess of $5,000, individually, or $10,000 in the aggregate, (D) loan agreements, (E) pledge and security agreements, (F) indemnity or guaranty agreements or obligations, (G) bonds, (H) notes, (I) mortgages, (J) joint venture or partnership agreements, (K) options to purchase real or personal property, and (L) agreements relating to the purchase or sale by the Company of assets (other than oral agreements relating to sales of inventory or services in the ordinary course of business, consistent with past practices) or securities for more than $5,000, individually, or $10,000 in the aggregate. Prior to the date hereof, the Company has made available to BVI complete and correct copies of all such agreements.
MATERIAL CUSTOMERS AND CONTRACTS. 13 5.10 PERMITS................................................................................. 14 5.11
MATERIAL CUSTOMERS AND CONTRACTS. (a) Except as set forth in Schedule 3.5(a), to Seller's knowledge, there --------------- has not been any adverse change in the business relationship of Seller with any material customers since April 30, 2001.
MATERIAL CUSTOMERS AND CONTRACTS. (a) Schedule 5.11 sets forth an accurate list of (i) each customer that represents 2% or more of NWS’s revenues for the fiscal year ended December 31, 2014 or the interim period ended on the Balance Sheet Date (the “Material Customers”), and (ii) (A) each executory Contract, warranty, or commitment to which NWS is currently a party or by which it
MATERIAL CUSTOMERS AND CONTRACTS. Section 4.10. Permits
MATERIAL CUSTOMERS AND CONTRACTS. 14 5.10 Permits.............................................................. 15 5.11
