Public Grants Clause Samples

Public Grants. Next Metrology has never received nor benefitted from any public grants.

Public Grants. Neither the Company nor any of its Subsidiaries has received any public subsidies, allowances, aids or other public grants, including within the meaning of Article 107 of the Treaty on the Functioning of the European Union and applicable U.S. statutes.

Public Grants. There are no public subsidies, allowances, aids or other public grants, including, without limitation, within the meaning of Article 87 of the EC Treaty and applicable US statutes (collectively, the “Public Grants“) that have been granted to, or applied for by, Novadigm or its Subsidiaries. Neither Novadigm nor any of its Subsidiaries is under any obligation to maintain a certain number of employees at any location or in any region, or to maintain any business at all or in any region. Neither Novadigm nor any of its Subsidiaries has claimed or received any payment under any suretyship granted by any governmental or other public authority which may constitute Public Grants.

Public Grants. The Company and its Subsidiaries have not received any grants or subsidies from any governmental, state, municipal or EU authority.

Public Grants. None of the public subsidies, allowances, aids or other public grants, including within the meaning of Article 87 of the EC Treaty and applicable U.S. statutes, granted to the Company or any of its Subsidiaries since January 1, 2006 and that are material to the Company and its Subsidiaries, taken as a whole (collectively, the “Public Grants”), will have to be repaid as a result of the consummation of the transactions contemplated by this Agreement other than any of the foregoing that would have to be so repaid if the amount to be repaid is not material to the Company and its Subsidiaries, taken as a whole. Neither the Company nor any of its Subsidiaries is under any obligation to maintain a certain number of employees at any location or in any region, or to maintain any business at all or in any region, other than any such obligation which is not material to the Company and its Subsidiaries, taken as a whole, under the terms of any of the Public Grants. 34 Table of Contents Parent and Merger Sub hereby represent and warrant to the Company as follows:

Public Grants. Exhibit 9.14 contains a complete and – with respect to all details included therein – correct list of all governmental subsidies (state aids as well as EU subsidies) exceeding the amount of EUR 20,000 per individual case, in particular according to Art. 107 of the Treaty on the Functioning of the European Union (Vertrag über die Arbeitsweise der Europäischen Union, AEUV) (jointly the “Public Grants”), which have been granted to any of the Group Companies since 1 January 2012. To the extent marked as such, Exhibit 9.4 contains a complete and correct list of all subsidised loans to any of the Group Companies. A Public Grant shall be deemed to have been granted in accordance with the first sentence of this Section 9.14 at the time when the (first) official notification of approval (Erst-Bewilligungsbescheid) has been issued or, if no such official notification of approval has been issued, at the time when the relevant Public Grant has actually been paid or otherwise rendered. The Parties are aware that the conditions for Public Grants may deteriorate as a result of the conclusion or the implementation of this Agreement or the Carve-Out of the Hydrogen Business mentioned in Section 14.

Public Grants. (a) Schedule 2.9(a) contains a true and complete list of all public grants which have been awarded to the Acquired Companies and their Subsidiaries, in particular, without limitation to envisionTEC Germany (collectively “Public Grants”), specifying the nature and maximum amount of such Public Grants. (b) The Acquired Companies and their Subsidiaries have applied for and obtained the Public Grants in compliance in all material respects with all applicable legal requirements and other conditions of such Public Grants. The Public Grants are currently being used and have been used in the past in a manner that complies, in all material respects, with all applicable legal requirements and other conditions of such Public Grants. (c) The recovery of the Public Grants has neither been claimed nor, to the Knowledge of Seller, threatened in writing against the Acquired Companies or their Subsidiaries.

Public Grants. The Subsidiaries have applied for, received and used all public grants only in accordance with applicable law and in compliance with all regulatory orders, conditions and impositions. No such grants will have to be repaid as a result of the consummation of the transactions reflected in this Agreement and the Master Agreement nor due to other circumstances already known.

Public Grants. Schedule 3.29 contains a list of all public grants, in particular all state aid within the meaning of national or European Union law, which were awarded to any Acquired Company during the last seven (7) years prior to the Closing Date (collectively “Public Grants”), specifying the nature, amount and material terms and conditions of such Public Grants. Each Acquired Company has applied for, obtained and used the Public Grants always in compliance with any and all applicable legal requirements. The Public Grants are and remain valid and may still be used on unchanged terms and conditions. In particular, they need not be surrendered or paid back as a result of the conclusion or performance of this Agreement or based on other facts or circumstances. No Public Grant is conditioned on any Acquired Company having a certain number of employees in certain plants or regions or having or maintaining a plant in a certain location. No Acquired Company has claimed or received payments from any suretyships or guarantees that would qualify as Public Grant.