Common use of Other Material Contracts and Commitments Clause in Contracts

Other Material Contracts and Commitments. Set forth in Exhibit 3.18 and delivered to Purchaser are copies of all material contracts, agreements, instruments and other commitments to which the Company is a party and which are not included in other exhibits hereto. Except as included in said Exhibit 3.8 and such other exhibits to this Agreement, the Company is not a party to or bound by any written or oral (a) material contract, agreement or other instrument or understanding creating a liability; (b) material lease, mortgage, pledge, conditional sales contract, security agreement, factoring agreement or other similar agreement with respect to any real or personal property, whether as lessor or lessee or otherwise; (c) material agreement or arrangement for the borrowing of money or for a line of credit; (e) agreement or arrangement any for the sale of the assets of the Company or for the grant of any preferential rights to purchase any of the assets, property or rights of the Company or for the transfer or the assignment thereof other than the ordinary course of business of the Company; (f) guarantee, surety, subordination or other agreement for related type of agreement or arrangement; (g) agreement of any kind with any director or officer or with any associate of any such person; (h) material agreement or commitment for capital expenditures or for the acquisition of fixed assets. As used in this Section 3.18, the term "material" refers to any contract, agreement, commitment, instrument or understanding involving a liability, actual or potential, in excess of $5,000.

Other Material Contracts and Commitments. Set forth in Exhibit 3.18 5.23 and delivered to Purchaser Seller are copies of all material contracts, agreements, instruments and other commitments to which the Company Buyer is a party and which are not included in other exhibits hereto. Except as included in said Exhibit 3.8 4.18 and such other exhibits to this Agreement, the Company Buyer is not a party to or bound by any written or oral (a) material contract, agreement or other instrument or understanding creating a liability; (b) material lease, mortgage, pledge, conditional sales contract, security agreement, factoring agreement or other similar agreement with respect to any real or personal property, whether as lessor or lessee or otherwise; (c) material agreement or arrangement for the borrowing of money or for a line of credit; (ed) agreement or arrangement any for the sale of the assets of the Company Buyer or for the grant of any preferential rights to purchase any of the assets, property or rights of the Company Buyer or for the transfer or the assignment thereof other than the ordinary course of business of the CompanyBuyer; (fe) guarantee, surety, subordination or other agreement for related type of agreement or arrangement; (gf) agreement of any kind with any director or officer or with any associate of any such person; (hg) material agreement or commitment for capital expenditures or for the acquisition of fixed assets. As used in this Section 3.184.18, the term "material" refers to any contract, agreement, commitment, instrument or understanding involving a liability, actual or potential, in excess of $5,000.

Other Material Contracts and Commitments. Set forth in Exhibit 3.18 4.18 and delivered to Purchaser Buyer are copies of all material contracts, agreements, instruments and other commitments to which the Company or the Seller is a party and which are not included in other exhibits hereto. Except as included in said Exhibit 3.8 4.18 and such other exhibits to this Agreement, the Company is not a party to or bound by any written or oral (a) material contract, agreement or other instrument or understanding creating a liability; (b) material lease, mortgage, pledge, conditional sales contract, security agreement, factoring agreement or other similar agreement with respect to any real or personal property, whether as lessor or lessee or otherwise; (c) material agreement or arrangement for the borrowing of money or for a line of credit; (ed) agreement or arrangement any for the sale of the assets of the Company or for the grant of any preferential rights to purchase any of the assets, property or rights of the Company or for the transfer or the assignment thereof other than the ordinary course of business of the Company; (fe) guarantee, surety, subordination or other agreement for related type of agreement or arrangement; (gf) agreement of any kind with any director or officer or with any associate of any such person; (hg) material agreement or commitment for capital expenditures or for the acquisition of fixed assets. As used in this Section 3.184.18, the term "material" refers to any contract, agreement, commitment, instrument or understanding involving a liability, actual or potential, in excess of $5,000.