No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, (i) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof or (ii) other than in the ordinary course of business, otherwise acquire or agree to acquire any assets which, in the case of this clause (ii), are material, individually or in the aggregate, to the Company.
Appears in 9 contracts
Samples: Merger Agreement (Oriole Homes Corp), Merger Agreement (Loeb Partners Corp), Merger Agreement (Milestone Properties Inc)
No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, (i) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof or (ii) other than in the ordinary course of business, otherwise acquire or agree to acquire any assets which, in the case of this clause (ii), are material, individually or in the aggregate, to the Companythereof.
Appears in 7 contracts
Samples: Merger Agreement (Cooperative Computing Inc /De/), Merger Agreement (Triad Systems Corp), Merger Agreement (Hadco Acquisition Corp Ii)
No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, (i) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, limited liability company, partnershipentity, association or other business organization or division thereof thereof, or (ii) other than in the ordinary course of business, otherwise acquire or agree to acquire any assets whichassets, in the case of this clause (ii)each case, which are material, individually or in the aggregate, to the CompanyCompany and its Subsidiaries taken as a whole.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Ilm Ii Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Agreement and Plan of Merger (Ilm Senior Living Inc /Va)
No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, (i) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof or (ii) other than in the ordinary course of business, otherwise acquire or agree to acquire, or permit any of its Subsidiaries to acquire or agree to acquire, any assets which, for a purchase price which is in the case excess of this clause ten percent (ii), are material, individually or in the aggregate, to 10%) of the Company's net worth.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sunpharm Corporation), Securities Purchase Agreement (Sunpharm Corporation)
No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire: (i) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof thereof; or (ii) other than any assets, except for purchases of inventory items or supplies in the ordinary course of business, otherwise acquire or agree to acquire any assets which, business consistent with past practice and capital expenditures in the case of this clause (iicompliance with Section 5.1(l), are material, individually or in the aggregate, to the Company.
Appears in 2 contracts
Samples: Merger Agreement (Cadmus Communications Corp/New), Merger Agreement (Cenveo, Inc)
No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, (i) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the a material amount of assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof or (ii) otherwise acquire or agree to acquire any material amount of assets, other than in the ordinary course of business, otherwise acquire or agree to acquire any assets which, in the case of this clause (ii), are material, individually or in the aggregate, to the Companybusiness consistent with past practice.
Appears in 1 contract
No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire (i) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, limited liability company, partnership, association or other business organization or division thereof or (ii) other than any assets, except for purchases of inventory items or supplies in the ordinary course of business, otherwise acquire or agree to acquire any assets which, business consistent with past practice and capital expenditures in the case of this clause (iicompliance with SECTION 5.1(l), are material, individually or in the aggregate, to the Company.
Appears in 1 contract
