Common use of MATERIAL CUSTOMERS AND CONTRACTS Clause in Contracts

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 5.09 (i) sets forth an accurate list of all containing the Company's five top customers representing 5% or more of with respect to the Company's revenues for each of the 1999 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 unexpired executory contracts in excess of $10,000, individually, or $25,000 in the aggregate, (B) unexpired executory contracts with any labor organizations, (C) unexpired 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) existing 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 aggregateaggregate or which contain, or commit or will commit the Company for a fixed term, (N) unexpired executory 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 unexpired executory 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 and complete written descriptions of all the Listed Agreements.

MATERIAL CUSTOMERS AND CONTRACTS. (a) Schedule 5.09 (i) SCHEDULE 4.10 sets forth an accurate list of (a) all customers representing 5% or more of the Company's and the Subsidiary's combined revenues for each of during the fiscal year ended in 1999 December 31, 1996 and the interim five-month period ended on the Balance Sheet Date May 31, 1997 (the "Material CustomersMATERIAL CUSTOMERS"), and (iib) sets forth an accurate list and briefly describes all material executory contracts, warranties, commitments, understandings, instruments commitments and similar agreements and arrangements to which the Company or the Subsidiary is currently a party or by which it or any of its properties is bound (the "Listed Agreements")bound, 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 obligationsagreements, (H) bonds, debentures and indentures, (I) notes, (J) mortgages, (K) joint venture, venture or partnership or cost-sharing agreements, (L) options to purchase real or personal property, (M) and agreements relating to the purchase or sale by the Company or the Subsidiary 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, PalEx complete and correct copies of all such agreements to PalEx. Except to the Listed Agreementsextent set forth on SCHEDULE 4.10, (i) no Material Customer has canceled or substantially reduced or is currently attempting or, to the knowledge of the Company or the Stockholders, threatening to cancel or substantially reduce its purchases of the Company's products or services, and (ii) each of the Company and the Subsidiary is in compliance with all material Sheffield MerPool Agmt.04 072197;0927 xxxxxxxxxxx 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 or the Subsidiary and the Stockholders, the Company and the Subsidiary are aware of no basis therefor. Neither the Company nor the Subsidiary is a party to any governmental contracts subject to price redetermination or renegotiation. Neither the Company or the Subsidiary is required to provide any bonding or other financial security arrangements in any material amount in connection with any transactions with any of its customers or suppliers.

MATERIAL CUSTOMERS AND CONTRACTS. (a) Schedule 5.09 4.09 (i) sets forth an accurate list of all customers representing 5% or more of the each Company's revenues for each of the fiscal year ended in 1999 1998 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 of the following contracts, warranties, commitments, understandings, instruments commitments and similar agreements and arrangements to which the any Company is currently a party or by which it or any of its properties is bound (collectively, 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 $5,00010,000, individually, or $10,000 25,000 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 any Company of assets or securities for more than $5,00010,000, individually, or $10,000 25,000 in the aggregateaggregate or which contain, or commit or will commit such Company for a fixed term, (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 each Company has made available to U.S. Concrete true, complete and correct copies of all the Listed Agreements.

MATERIAL CUSTOMERS AND CONTRACTS. (a) Schedule 5.09 (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 1998 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-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 aggregateaggregate or which contain, or commit or will commit the Company for a fixed term, (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 and complete written descriptions of all the Listed Agreements.

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 Acquired Business’s revenues for each of the fiscal year ended in 1999 December 31, 2005 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, understandingsof the following agreements, 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 other documents (the "“Listed Agreements"), including, but not limited to, ”): (A) all customer contracts providing for payments or obligations in excess of $10,000175,000, individually, or $25,000 300,000 in the aggregate, ; (B) contracts with any labor organizations, ; (C) leases providing for annual rental payments in excess of $5,00050,000, individually, or $10,000 150,000 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) operating agreements, 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 any Acquired Entity of assets or securities for more than $5,00050,000, individually, or $10,000 150,000 in the aggregate, aggregate or that commit or will commit the Acquired Business for a fixed term of 12 months or more; (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' shareholders’ agreements, ; (P) agreements providing for the purchase from a supplier of all or substantially all the requirements of the Company any Acquired Entity of a particular product, material or service service; and (Q) any other contracts, warranties, commitments, understandings, instruments and similar agreements and arrangements which involve aggregate payments in excess of $10,000 100,000 that cannot be canceled in 30 upon 90 days' ’ or less notice without penalty or premium or any continuing obligation or liability. Prior to the date hereof, the Company has Acquired Entities have made available to U.S. Concrete Buyer true, complete and correct copies and of all the Listed Agreements.