No Prior Transactions. Neither the Company nor any of its officers, directors or subsidiaries (nor to the Company’s knowledge any of the affiliates or any investment banker, attorney or other advisor or representative retained by the Company or its subsidiaries) have during the 30 day period prior to execution and delivery of this Agreement, directly or indirectly, purchased, sold, offered to purchase or sell, contracted to purchase or sell (including, without limitation, any short sale), granted any option to purchase (other than options granted to employees, directors or consultants under the Stock Plans in the ordinary course of the Company’s business) or option to sell, pledged, loaned, or otherwise acquired or disposed of any securities of the Company, or encouraged any other person to do any of the foregoing.
No Prior Transactions. Such Investor has not, during the 30 day period prior to execution and delivery of this Agreement, purchased or sold, directly or indirectly, any securities of the Company and has not otherwise engaged in any transaction in the Company’s securities. Without limiting the foregoing, the Investor has not, directly or indirectly, purchased, sold, offered to purchase or sell, contracted to purchase or sell (including, without limitation, any short sale), granted any option to purchase or sell, pledged, loaned, or otherwise acquired or disposed of any securities of the Company, or encouraged any other person to do any of the foregoing.
No Prior Transactions. None of the Companies or the LLCs has --------------------- incurred, directly or indirectly, any liabilities or obligations, except those incurred in connection with its formation and capitalization or with the negotiation of this Agreement and the Senior Bank Facility, the consummation of the transactions contemplated hereby and thereby, the merger of the LLCs with each of their respective Predecessor Entities and the operation of the businesses of the Predecessor Entities by the LLCs from and after November 6, 1998. None of the Companies nor the LLCs has engaged, directly or indirectly, in any business or activity of any type or kind, or entered into any agreement or arrangement with any Person, or is subject to or bound by any liability, obligation or undertaking, that is not contemplated by or in connection with its formation and capitalization, this Agreement and the transactions contemplated hereby, the merger of the LLCs with each of their respective Predecessor Entities and the operation of the businesses of the Predecessor Entities by the LLCs from and after November 6, 1998.
