Operations of SE. Except as set forth on Schedule 2.13, from the date of the Balance Sheet and through the Closing Date hereof SE has not and will not have; (i) incurred any indebtedness for borrowed money; (ii) declared or paid any dividend or declared or made any distribution of any kind to any shareholder; or made any direct or indirect redemption, retirement, purchase or other acquisition of any shares in its Common Voting Stock; (iii) made any loan or advance to any shareholder, officer, director, employee, consultant, agent or other representative or made any other loan or advance otherwise than in the ordinary course of business; (iv) except in the ordinary course of business, incurred or assumed any indebtedness or liability (whether or not currently due and payable); (v) disposed of any assets of SE except in the ordinary course of business; (vi) materially increased the annual compensation of any executive employee of SE; (vii) increased, terminated, amended or otherwise modified any plan for the benefit of employees of SE; (viii) issued any equity securities or rights to acquire such equity securities; or (ix) except in the ordinary course of business, entered into or modified any contract, agreement or transaction.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Ramex Synfuels International Inc), Agreement and Plan of Reorganization (Ramex Synfuels International Inc)
Operations of SE. Except as set forth on Schedule 2.13, from the date of the Balance Sheet and through the Closing Date hereof SE has not and will not have;
(i) incurred any indebtedness for borrowed money;
(ii) declared or paid any dividend or declared or made any distribution of any kind to any shareholder; or made any direct or indirect redemption, retirement, purchase or other acquisition of any shares in its Common Voting Stock;
(iii) made any loan or advance to any shareholder, officer, director, employee, consultant, agent or other representative or made any other loan or advance otherwise than in the ordinary course of business;
(iv) except in the ordinary course of business, incurred or assumed any indebtedness or liability (whether or not currently due and payable);
(v) disposed of any assets of SE except in the ordinary course of business;
(vi) materially increased the annual compensation of any executive employee of SE;
(vii) increased, terminated, amended or otherwise modified any plan for the benefit of employees of SE;
(viii) issued any equity securities or rights to acquire such equity securities; or
(ix) except in the ordinary course of business, entered into or modified any contract, agreement or transaction.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Ramex Synfuels International Inc), Agreement and Plan of Reorganization (Ramex Synfuels International Inc)