No Acquisitions. The Company and its Subsidiaries shall not acquire or agree to acquire (i) by merging or consolidating with, or by purchasing a substantial portion of the assets of, or by any other manner, any business or any corporation, limited liability company, partnership, joint venture, association or other business organization or division thereof or (ii) any assets that, individually or in the aggregate, are material to the Company and its Subsidiaries except (without limitation of paragraph (h) below but subject to paragraph (i) below), in the ordinary course of business consistent with past practice.
Appears in 5 contracts
Samples: Merger Agreement (Netscape Communications Corp), Merger Agreement (America Online Inc), Merger Agreement (America Online Inc)
No Acquisitions. The Company shall not, and its Subsidiaries shall not permit any of its subsidiaries to, acquire or agree to acquire (i) by merging or consolidating with, or by purchasing a substantial equity interest in all or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, limited liability company, partnership, joint venture, association or other business organization or division thereof or (ii) any assets thatthat are material, individually or in the aggregate, are material to the Company and its Subsidiaries subsidiaries taken as a whole, except (without limitation purchases of paragraph (h) below but subject to paragraph (i) below), inventory and supplies in the ordinary course of business consistent with past practice.
Appears in 2 contracts
Samples: Merger Agreement (Ebv Electronics Inc), Merger Agreement (Wyle Electronics)
No Acquisitions. The Company shall not, and its Subsidiaries shall not permit any of its subsidiaries to, acquire or agree to acquire (i) 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, joint venture, association or other business organization or division thereof or (ii) any assets thatthat are material, individually or in the aggregate, are material to the Company and its Subsidiaries subsidiaries taken as a whole, except (without limitation purchases of paragraph (h) below but subject to paragraph (i) below), inventory in the ordinary course of business consistent with past practice.
Appears in 2 contracts
Samples: Merger Agreement (Peak Technologies Group Inc), Merger Agreement (Kirkwood Acquisition Corp)
No Acquisitions. The Company shall not, and shall not permit any of its Subsidiaries shall not acquire or agree to acquire to, acquire: (iA) by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, limited liability company, partnership, joint venture, association or other business organization or division thereof thereof; or (iiB) any assets thatassets, individually except for purchases of inventory items or in the aggregate, are material to the Company and its Subsidiaries except (without limitation of paragraph (h) below but subject to paragraph (i) below), supplies in the ordinary course of business consistent with past practicepractice and capital expenditures in compliance with Section 5.1(a)(xii).
Appears in 2 contracts
Samples: Merger Agreement (Nashua Corp), Merger Agreement (Nashua Corp)
No Acquisitions. The Company and its Subsidiaries subsidiaries shall not --------------- acquire or agree to acquire (iA) by merging or consolidating with, or by purchasing a substantial portion of the assets of, or by any other manner, any business or any corporation, limited liability company, partnership, joint venture, association or other business organization or division thereof or (iiB) any assets that, individually or in the aggregate, are material to the Company and its Subsidiaries subsidiaries except (without limitation of paragraph (hviii) below but subject to paragraph (iix) below), in the ordinary course of business consistent with past practice.
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No Acquisitions. The Company shall not, and shall not permit any of its Subsidiaries shall not acquire or agree to to, acquire (i) by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, limited liability company, partnership, joint venture, association or other business organization or division thereof or (ii) any assets thatassets, individually except for purchases of inventory items or in the aggregate, are material to the Company and its Subsidiaries except (without limitation of paragraph (h) below but subject to paragraph (i) below), supplies in the ordinary course of business consistent with past practicepractice and capital expenditures in compliance with Section 5.1(m).
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No Acquisitions. The Company shall not, and shall not permit any of its Subsidiaries shall not acquire or agree to acquire to, acquire: (ia) by merging or consolidating with, or by purchasing a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, limited liability company, partnership, joint venture, association or other business organization or division thereof thereof; or (iib) any assets thatassets, individually except for (1) purchases of inventory items or in the aggregate, are material to the Company and its Subsidiaries except (without limitation of paragraph (h) below but subject to paragraph (i) below), supplies in the ordinary course of business consistent with past practice, (2) origination or purchase of mortgage loans in the ordinary course of business consistent with past practice and (3) capital expenditures in compliance with Section 5.1(a)(xii).
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