Common use of Prohibition of Certain Commitments Clause in Contracts

Prohibition of Certain Commitments. Except for items disclosed on Schedule 3.1.6, not enter into commitments of a capital expenditure nature or incur any contingent liability which would exceed $1,000,000 in the aggregate, except (i) as may be necessary for the maintenance of existing facilities, machinery and equipment in good operating condition and repair in the ordinary course of business consistent with past practice, (ii) as may be required by law or (iii) as is otherwise agreed to in writing by Parent;

Appears in 2 contracts

Samples: Plan and Agreement of Merger (Gundle SLT Environmental Inc), Merger Agreement (Gundle SLT Environmental Inc)

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Prohibition of Certain Commitments. Except for items disclosed on Schedule 3.1.6, not Not enter into commitments of a capital expenditure nature or incur any contingent liability which would exceed $1,000,000 250,000, in the aggregate, except (i) as may be necessary for the maintenance of existing facilities, machinery facilities and equipment in good operating condition and repair in the ordinary course of business consistent with past practicebusiness, (ii) as may be required by law or (iii) as is otherwise agreed to in writing by ParentBMC;

Appears in 1 contract

Samples: Merger Agreement (BMC Software Inc)

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Prohibition of Certain Commitments. Except for items disclosed on Schedule 3.1.6, not Not enter into commitments of a capital expenditure nature or incur any contingent liability which would exceed $1,000,000 1,000,000, in the aggregate, except (i) as may be necessary for the maintenance of existing facilities, machinery facilities and equipment in good operating condition and repair in the ordinary course of business consistent with past practicebusiness, or (ii) as may be required by law or (iii) as is otherwise agreed to in writing by Parentlaw;

Appears in 1 contract

Samples: Merger Agreement (Metamor Worldwide Inc)

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