No Breach of Material Contracts. Except as would not have a Company Material Adverse Effect, (i) Company has performed all of the material obligations required to be performed by it and is entitled to all benefits under, and is not alleged to be in material breach or default in respect of any contract or agreements (A) listed in Section 2.18 of the Company Disclosure Schedule or (B) filed as exhibits to the Company SEC Documents (collectively the “Material Contracts”), and (ii) each of the Material Contracts is in full force and effect, unamended, and there exists no default or event of default or event, occurrence, condition or act, with respect to Company or, to Company’s Knowledge, with respect to the other contracting party, which, with the giving of notice, the lapse of the time or the happening of any other event or conditions, would become a default or event of default under any Material Contract.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Credence Systems Corp), Merger Agreement (Nptest Holding Corp)
No Breach of Material Contracts. Except as would not have set forth on the Disclosure Schedules, neither the Company nor any other member of the Company Group is a Company party to any Material Adverse EffectContract. Except as set forth in the Disclosure Schedules, (i) the Company has performed all of the material obligations required to be performed by it and is entitled to all benefits under, and is not alleged to be in material breach or default of, any Material Contract, in respect of any contract or agreements (A) listed in Section 2.18 of each case as would not have a Material Adverse Effect. Except as disclosed on the Company Disclosure Schedule or (B) filed as exhibits to the Company SEC Documents (collectively the “Material Contracts”)Schedules, and (ii) each of the Material Contracts is in full force and effect, unamended, and there exists no default or event of default or event, occurrence, condition or act, with respect to Company or, to Company’s Knowledge, with respect to act (including the other contracting party, purchase of the Purchased Shares) which, with the giving of notice, the lapse of the time or the happening of any other event or conditionscondition, would become a default or event of default under any Material Contract., in each case as would not have a Material Adverse Effect. “Material Contracts” means:
Appears in 2 contracts
Samples: Strategic Investment Agreement (Stratus Media Group, Inc), Strategic Investment Agreement (Proelite, Inc.)
