Common use of No Material Contracts Clause in Contracts

No Material Contracts. No contract or commitment will be entered into, and no purchase of raw materials or supplies and no sale of assets (real, personal, or mixed, tangible or intangible) will be made, by or on behalf of Seller, except contracts, commitments, purchases or sales which (a) are (1) contracts or commitments for the purchase of, and purchases of, raw materials, supplies and services made in the ordinary course of business and consistent with past practice, (2) contracts or commitments for the sale of, and sales of, products or inventory or services in the ordinary course of business and consistent with past practice, or (3) other contracts, commitments, purchases or sales in the ordinary course of business and consistent with past practice, AND (b) are not material to Seller (individually or in the aggregate) and would not have been required to be disclosed in the Disclosure Letters or Schedules had they been in existence on the date of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Zitel Corp)

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No Material Contracts. No contract or commitment will be entered into, and no purchase of raw materials or supplies and no sale of assets (real, personal, or mixed, tangible or intangible) will be made, by or on behalf of Seller, except contracts, commitments, purchases or sales which (a) are (1) contracts or commitments for the purchase of, and purchases of, raw materials, materials and supplies and services made in the ordinary course of business and consistent with past practice, (2) contracts or commitments for the sale of, and sales of, products product or inventory or services in the ordinary course of business and consistent with past practice, or (3) other contracts, commitments, purchases or sales in the ordinary course of business and consistent with past practice, AND (b) are not material to Seller (individually or in the aggregate) and would not have been required to be disclosed in the Disclosure Letters or Schedules any Schedule had they been in existence on the date of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Zitel Corp)

No Material Contracts. No contract or commitment will be entered into, and no purchase of raw materials or supplies and no sale of assets (real, personal, or mixed, tangible or intangible) will be made, by or on behalf of Sellerthe Sellers in connection with the Business, except contracts, commitments, purchases or sales which (a) are (1i) contracts or commitments for the purchase of, and purchases of, raw materials, supplies and services of Inventories made in the ordinary course of business and consistent with past practice, (2ii) contracts or commitments for the sale of, and sales of, products or inventory or services of Inventories in the ordinary course of business and consistent with past practice, or and (3iii) other contracts, commitments, purchases or sales in the ordinary course of business and consistent with past practice, AND (b) practice which are not material to Seller (individually the Sellers or in the aggregate) and would not have been required to be disclosed in the Disclosure Letters or Schedules had they been in existence on the date of this AgreementBusiness.

Appears in 1 contract

Samples: Asset Purchase Agreement (Stratus Services Group Inc)

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No Material Contracts. No contract or commitment will be --------------------- entered into, and no purchase of raw materials or supplies and no sale of assets (real, personal, or mixed, tangible or intangible) will be made, by or on behalf of Seller, the Seller except contracts, commitments, purchases or sales which (a) are (1i) contracts or commitments for the purchase of, and purchases of, raw materials, materials and supplies and services made in the ordinary course of business and consistent with past practice, (2ii) contracts or commitments for the sale of, and sales of, products services or inventory or services in the ordinary course of business and consistent with past practice, or and (3iii) other contracts, commitments, purchases or sales in the ordinary course of business and consistent with past practice, AND (b) practice which are not material to the Seller (individually or and which, had they been in existence on the aggregate) and date of this Agreement, would not have been required to be disclosed in the Disclosure Letters or Schedules had they been in existence on the date of this AgreementSchedule.

Appears in 1 contract

Samples: Asset Purchase Agreement (Keith Companies Inc)

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