Prior Contacts. This Contract supersedes and terminates, as of the date hereof, all prior contracts between the Funds and the Custodian relating to the custody of the Funds' assets.
Prior Contacts. Finder is aware that Prospect, in its ongoing business, maintains active contacts with a large number of companies and financial advisors, and may have established contact with, or been introduced by another intermediary, to Candidate prior to the submission by Finder. In addition, Candidate may have retained an investment banker or advisor to sell the business and Prospect or the Prospect Affiliate is designated by Candidate or Candidate’s advisors as a potential acquirer of the business such that Prospect or the Prospect Affiliate is contacted by Candidate or its advisors. Should the foregoing be the case, Prospect or the Prospect Affiliate will not be responsible for any fees for the services of Finder with respect to any acquisition of Candidate by Prospect or the Prospect Affiliate.
Prior Contacts. Except as set forth in this Offer to Purchase (particularly the section entitled "Special Factors--Background To The Offer And The Merger"), since November 16, 1999, there have been no contacts, negotiations or transactions between the Purchaser, Thermo Electron, any subsidiary of the Purchaser or Thermo Electron or, to the best knowledge of the Purchaser and Thermo Electron, any of the persons listed on Schedule I hereto, on the one hand, and the Company or any of its officers, directors or affiliates, on the other hand, concerning a merger, consolidation or acquisition, a tender offer or other acquisition of securities, an election of directors, or a sale or other transfer of a material amount of assets, other than votes cast by Thermo Electron for the election of directors of the Company in the normal course. PRIOR BUSINESS RELATIONSHIPS. Except as set forth in this Offer to Purchase, neither the Purchaser nor Thermo Electron or, to the best knowledge of the Purchaser or Thermo Electron, any of the persons listed on Schedule I hereto has, since November 16, 1999, had any business relationships or transactions with the Company or any of its executive officers, directors or affiliates that would require disclosure herein under the rules and regulations of the Commission applicable to the Offer or the Merger. In March 2001, the Company entered into a credit agreement with Thermo Electron, under which Thermo Electron made a one year, $20.0 million revolving credit facility available to the Company. The facility bears interest at a per annum rate of 2.75% above the prevailing LIBOR rate. In November 2001, this facility was amended to increase the maximum available amount from $20 million to $35 million. As of November 14, 2001, approximately $29.4 million was outstanding under the credit facility. FINANCIAL INFORMATION. Because the Offer Price will be paid in cash, the Purchaser and Thermo Electron do not believe that financial information with respect to the Purchaser, Thermo Electron and their subsidiaries would be material to a stockholder's evaluation of the Offer and the Merger. Financial information concerning Thermo Electron and its subsidiaries is filed by Thermo Electron with the Commission (which may be inspected and copies thereof obtained at the offices of the Commission as set forth in "Certain Information Concerning The Company"). 41 SOURCE AND AMOUNT OF FUNDS The total amount of funds required by the Purchaser to purchase all of the outstandin...
Prior Contacts. Representative understands that other sales calls may have been made to the same potential customer within the Territory by other representatives of Company, including formal proposals for which a prior claim to the Sales Commission and/or the Revenue Share Commission. In a case such as this, a split commission may apply.
Prior Contacts. Reset Professional understands that other sales calls may have been made to the same potential customer, including purchase orders from such customer for which a prior claim to the Sales Commission has been made. In a case such as this, a split commission may apply. In any situation where there is a question of prior sales calls, the splitting of any and all Sales Commissions, or relative to any other commission dispute, the Company’s President shall make a determination of disposition of commissions, including split commissions with the intention of dividing the same fairly between and/or among all parties. The President’s decision shall be final and binding on the Reset Professional and all other parties.
