Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (Amera Link Inc), Agreement and Plan of Merger (Euniverse Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cr) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (L90 Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through and (cb) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 6 contracts
Samples: Agreement and Plan (Medicus Systems Corp /De/), Agreement and Plan of Reorganization (Quadramed Corp), Agreement and Plan of Reorganization (Quadramed Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cp) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (SP Holding CORP), Agreement and Plan of Merger and Reorganization (SP Holding CORP), Agreement and Plan of Reorganization (Cardiometrics Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Saflink Corp), Agreement and Plan of Merger and Reorganization (Crossroads Systems Inc), Stock Purchase Agreement (Spyglass Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ellie Mae Inc), Agreement and Plan of Merger and Reorganization (E-Medsoft Com), Agreement and Plan of Merger and Reorganization (Tender Loving Care Health Care Services Inc/ Ny)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Cisco Systems Inc), Agreement and Plan of Reorganization (Network Appliance Inc), Agreement and Plan of Merger (Fullnet Communications Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cl) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Juma Technology Corp.), Agreement and Plan of Merger (Sinobiopharma, Inc.), Agreement and Plan of Merger (Innofone Com Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cw) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Cisco Systems Inc), Agreement and Plan of Merger and Reorganization (Aironet Wireless Communications Inc), Agreement and Plan of Merger and Reorganization (Cisco Systems Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (I2 Technologies Inc), Share Purchase Agreement (Cisco Systems Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through and (cb) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Best Buy Co Inc), Agreement and Plan of Merger (Best Buy Co Inc), Agreement and Plan of Merger (Musicland Stores Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(B)(a) through (c) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or and incorrect in any material respect or prevent it from performing or cause it not to perform any of its covenants hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Ontrack Data International Inc), Agreement and Plan of Reorganization (Kroll Inc), Agreement and Plan of Reorganization (Kroll Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above4.3, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Parentech Inc), Agreement and Plan of Merger and Reorganization (Parentech Inc), Agreement and Plan of Merger and Reorganization (Parentech Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.1(a) through and (cb) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Acquisition Agreement and Plan of Merger (Resource Health Partners Lp), Registration Rights Agreement (Quadramed Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a)(i) through (cxxi) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Ophthalmic Imaging Systems Inc), Agreement and Plan of Reorganization (Premier Laser Systems Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (c5.1(s) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Goamerica Inc), Agreement and Plan of Merger (Goamerica Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.1(a) through (cs) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Convio, Inc.), Agreement and Plan of Merger (Convio, Inc.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (SP Holding CORP), Agreement and Plan of Reorganization (Avant Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Novellus Systems Inc), Agreement and Plan of Reorganization (Speedfam Ipec Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Ariba Inc), Merger Agreement and Plan of Reorganization (Photo Control Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cv) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Wachtel Harry M), Agreement and Plan of Reorganization (Autoinfo Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through and (cb) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Ontrack Data International Inc), Agreement and Plan of Reorganization (Legato Systems Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (ck) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Samples: Strategic Business Combination Agreement (Mattson Technology Inc), Strategic Business Combination Agreement (Steag Electronic Systems GMBH)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ck) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amera Link Inc), Agreement and Plan of Merger (Amera Link Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cv) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Cisco Systems Inc), Agreement and Plan of Merger (Netlibrary Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cm) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Intraop Medical Corp), Agreement and Plan of Reorganization (Digitalpreviews Com Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Data Measurement Corp), Agreement and Plan of Merger (Ess Technology Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ct) above, above or otherwise take any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants obligations hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cash Systems Inc), Agreement and Plan of Merger (Global Cash Access Holdings, Inc.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cu) above, above or otherwise take any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants obligations hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bea Systems Inc), Agreement and Plan of Merger (Plumtree Software Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cy) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Active Voice Corp), Agreement and Plan of Merger and Reorganization (Cisco Systems Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cd) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Innofone Com Inc), Agreement and Plan of Merger (I2 Technologies Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(i) through (cxx) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above, or any action which would make any of its representations or warranties contained in this Agreement that are expressly qualified as to materiality untrue or incorrect in any respect as so qualified, or as to those representations or warranties contained in this Agreement that are not so qualified, take any action that would cause such representations or warranties to be untrue or incorrect in any material respect, or prevent it from performing or cause it not to perform any of its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ct) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Non Employee Shareholders' Agreement (724 Solutions Inc)
Other. Take, Take or agree in writing or otherwise to take, take (i) any of the actions described in Sections 4.1(a5.1(a) through (c) abovew), or (ii) any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or could prevent it from performing or cause it not to perform its covenants and obligations hereunder.
Appears in 1 contract
Samples: Stock Purchase Agreement (Mercer Insurance Group Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through or (cb) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.4(a) through (c4.4(s) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.3(a) through (cd) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (cr) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder or which could reasonably be expected to have a Material Adverse Effect on Target.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (c) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.3(a) through (cm) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cd) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a7.2(a) through (cp) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Interactive Media Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the ----- actions described in Sections 4.1(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Vignette Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(aSubsections 5.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the ----- actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the ----- actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Kana Communications Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a7.1(a) through (cd) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Interactive Media Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cq) above, or any action which would make any of its representations warranties, covenants or warranties agreements contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Amalgamation (Avesta Technologies Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.1(a) through (cv) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunderhereunder other than actions taken in the ordinary course of business.
Appears in 1 contract
Other. Take, or agree Agreed in writing or otherwise to take, take any of the actions described in Sections 4.1(a2.14(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cq) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cr) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cv) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Novellus Systems Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cs) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Invvision Capital Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.. 4.3
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(aSECTIONS 4.2(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1((a)) through and (c(b)) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cybercash Inc)
Other. Take, Take or agree in writing or otherwise to take, any ----- of the actions described in Sections 4.1(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Measurex Corp /De/)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cr) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(b)(i) through (cxviii) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above4.2, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Dairy Fresh Farms Inc.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a7.02(a) through (cl) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Global Services Partners Acquisition Corp.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2 (a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Acquisition Agreement (Covad Communications Group Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cq) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.2(a) through (cl) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Global Services Partners Acquisition Corp.)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cq) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, ----- any of the actions described in Sections 4.1(a4.2(a) through (cv) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Gasonics International Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.03(a) through (c) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Veeco Instruments Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Micromuse Inc)
Other. Take, take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cw) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunderand agreements in this Agreement or cause any condition to Acquiror's closing obligations in Section 6.1 or Section 6.3 not to be satisfied.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (c) above, or any action which would make any of its representations warranties, covenants or warranties agreements contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Amalgamation (Avesta Technologies Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in this Sections 4.1(a6.2(a) through (cm) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through and including (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, or agree Agree in writing or otherwise to take, take any of the actions described in Sections 4.1(a) through (cs) above, or take or agree to take any action which would make any cause a breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform perform, in all material respects, its covenants hereunder.
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (Mattson Technology Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.1(b)(i) through (cxix) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Hycor Biomedical Inc /De/)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Wireless Inc)
Other. Take, Take or agree in writing or otherwise to take, take any of the actions described in Sections 4.1(a5.2(a) through (cm) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform delay its performance of its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (COMMITTED CAPITAL ACQUISITION Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (PLX Technology Inc)
Other. Take, Voluntarily or intentionally take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, take (i) any of the actions described in Sections 4.1(a5.1(a) through (c) abovew), or (ii) any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or could prevent it from performing or cause it not to perform its covenants and obligations hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Old Guard Group Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a10.2(a) through (cl) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Alpha Security Group CORP)
Other. Take, take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderand agreements in this Agreement in any material respect or cause any condition to Acquiror's closing obligations in Section 7.1 or Section 7.3 not to be satisfied.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cm) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Recapitalization (Gateway Industries Inc /De/)
Other. Take, Take or agree in writing or otherwise to take, take any of the actions described in Sections 4.1(a4.2(a) through (cr) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Merger Agreement (Ashford Com Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (ct) above, or any action which would make any cause a breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Nexprise Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Ashford Com Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4. 1 (a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the ----- actions described in Sections 4.1(a5.1(a) through and (cb) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Samples: Interference Agreement (Genesys Telecommunications Laboratories Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cSection 5.2(a) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
