No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, (i) merge or consolidate with, or acquire any equity interest in, any corporation, partnership, association or other business organization, or enter into an agreement with respect thereto or (ii) acquire or agree to acquire any assets of any corporation, partnership, association or other business organization or division thereof, except for the purchase of inventory and supplies in the ordinary course of business or the acquisition by the Company or any Subsidiary of equity interests in any customer or supplier of the Company in satisfaction of outstanding claims against such party in bankruptcy proceedings consistent with past practice.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Ply Gem Industries Inc), Agreement and Plan of Merger (Nortek Inc), Agreement and Plan of Merger (Atrium Corp)
No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, : (i) merge or consolidate with, or acquire any equity interest in, any corporation, partnership, association or other business organization, or enter into an agreement with respect thereto or (ii) acquire or agree to acquire any assets of any corporation, partnership, association or other business organization or division thereof, except for the purchase of inventory and supplies in the ordinary course of business or the acquisition by the Company or any Subsidiary of equity interests in any customer or supplier of the Company in satisfaction of outstanding claims against such party in bankruptcy proceedings consistent with past practice.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ero Inc), Agreement and Plan of Merger (Hc Acquisition Corp), Agreement and Plan of Merger (Ero Marketing Inc)
