Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 5 contracts
Samples: Merger Agreement (Mateon Therapeutics Inc), Stock Exchange Agreement (Jenkon International Inc), Agreement and Plan of Reorganization (Citadel Technology Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 5 contracts
Samples: Merger Agreement (Avt Corp), Agreement and Plan of Reorganization (Neurocrine Biosciences Inc), Agreement and Plan of Reorganization (Storage Computer Corp)
Restrictions on Business Activities. There is no agreement ----------------------------------- (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products or services to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Seagate Technology Inc), Agreement and Plan of Reorganization (Seagate Technology Malaysia Holding Co Cayman Islands), Agreement and Plan of Reorganization (Inktomi Corp)
Restrictions on Business Activities. There is no agreement (non-compete competition or otherwise), Contract, commitment, judgment, injunction, order or decree to which the Company is a party or or, to the Knowledge of the Company, otherwise binding upon the Company Company, which has has, or may reasonably could be expected to have have, the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or Company, the conduct of business by the Company, or otherwise limiting the freedom of the Company to engage in any line of business or to compete with or hire or solicit any person. Without limiting the generality of the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing licensing, manufacturing or otherwise distributing any of its technology or products or from providing services to customers or potential customers or any class of customers, in any geographic area, during any period of time time, or in any segment of the any market.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Oncothyreon Inc.), Agreement and Plan of Reorganization (Biomira CORP), Agreement and Plan of Reorganization (Biomira Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 3 contracts
Samples: Share Acquisition Agreement (Growth Stalk Holdings Corp), Share Acquisition Agreement (Growth Stalk Holdings Corp), Share Acquisition Agreement (Growth Stalk Holdings Corp)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice (including the licensing of any product) of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 2 contracts
Samples: Merger Agreement (Insurance Management Solutions Group Inc), Merger Agreement (Avidyn Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or materially impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company’s business. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/), Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/)
Restrictions on Business Activities. There Except as set forth in Section 2.11 of the Disclosure Letter, there is no agreement (non-compete competition or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which that has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing providing services to customers or otherwise distributing any of its products to potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 2 contracts
Samples: Merger Agreement (Tut Systems Inc), Agreement and Plan of Reorganization (Tut Systems Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which that has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products or services to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Medicalogic/Medscape Inc), Agreement and Plan of Reorganization (Niku Corp)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company it is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (E Piphany Inc), Agreement and Plan of Reorganization (Commerce One Inc)
Restrictions on Business Activities. There is no agreement ----------------------------------- (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Summit Design Inc), Agreement and Plan of Reorganization (International Network Services)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Informix Corp), Agreement and Plan of Reorganization (Adaptec Inc)
Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitment, judgment, injunction, material order or decree to which the Company is a party or otherwise binding upon the Company or any of its subsidiaries or any of their properties which has had or could reasonably could be expected to have the effect of prohibiting or materially impairing any business practice of the Company, Company or any acquisition of property (tangible or intangible) by the Company its subsidiaries or the conduct of business by the Company or any of its subsidiaries as currently conducted or as proposed to be conducted by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Metastorm Inc), Stock Purchase Agreement (Metastorm Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompetition, field of use, or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products or services to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Merger Agreement (Inktomi Corp)
Restrictions on Business Activities. There is no agreement (non-not to compete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party Party or which is otherwise binding upon the Company which has or reasonably could be expected to have the effect of prohibiting or impairing restricting any business practice of the Company, or any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology (including any Company Intellectual Property) or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Infospace Com Inc)
Restrictions on Business Activities. There Except as set forth in Schedule 4.11, there is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company or any Holder is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoingExcept as set forth in Schedule 4.11, the Company has not entered into any agreement under which the Company is restricted from selling, licensing providing services to customers or otherwise distributing any of its products to potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement ---------------------------------------- (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Merger Agreement (Gateway International Holdings Inc)
Restrictions on Business Activities. There is no agreement ----------------------------------- (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to have the effect of prohibiting or impairing materially impairing, as currently conducted, any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the The Company has not entered into any agreement under which the Company is restricted from selling, licensing providing services to customers or otherwise distributing any of its products to potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Failure Group Inc)
Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise specifically binding upon the Company which has or reasonably could be expected to have the effect of prohibiting or impairing materially restricting any business practice of the Company, or any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoingExcept as set forth in Company Schedule 2.9, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Netscape Communications Corp)
Restrictions on Business Activities. There is no agreement (non-compete noncompetition, field of use, or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company Company, or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing licensing, or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Adept Technology Inc)
Restrictions on Business Activities. There is no agreement (non-compete competition or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which that has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing providing services to customers or otherwise distributing any of its products to potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cybergold Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products or services to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement (non-compete noncompete ----------------------------------- or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products or services to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Smartforce Public LTD Co)
Restrictions on Business Activities. There is no agreement (non-compete noncompetition or otherwise), commitment, judgment, injunction, order or decree to which the Company or any of its officers is a party or otherwise binding upon the Company which or any of its officers that has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, neither the Company nor any of its officers has not entered into any agreement under which the Company is restricted from selling, licensing selling product or otherwise distributing any of its products providing services to customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Cell Genesys Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompetition or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products or services to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services, to any class of customers or potential customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Goto Com Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has had or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Critical Path Inc)
Restrictions on Business Activities. There Except as set forth in Exhibit ----------------------------------- ------- C, there is no agreement (non-compete noncompete or otherwise), commitment, judgment, - injunction, order or decree to which the Company or any Principal Shareholder is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the The Company has not entered into any agreement under which the Company is restricted from selling, licensing providing services to customers or otherwise distributing any of its products to potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Merger Agreement (Usweb Corp)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business as currently run by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or materially impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company's business. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the any Company is a party or otherwise binding upon the any Company which has or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the any Company, any acquisition of property (tangible or intangible) by the any Company or the conduct of business by the any Company. Without limiting the foregoing, the each Company has not entered into any agreement under which the any Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There Except for this Agreement, there is no agreement (non-compete or otherwise), commitmentagreement, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or could reasonably could be expected to have the effect of prohibiting or materially impairing any current or future business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the overall conduct of business by the Company as currently conducted or as proposed to be conducted by Company. Without limiting the foregoingExcept as set forth in Schedule 2.13, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Merger Agreement (Getthere Com)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Rational Software Corp)
Restrictions on Business Activities. There is no agreement ----------------------------------- (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has had or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Merger Agreement (Critical Path Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement ----------------------------------- (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Inktomi Corp)
Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon on the Company which has or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Stock Purchase Agreement (International Microcomputer Software Inc /Ca/)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company it is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Merger Agreement (Xcarenet Inc)
Restrictions on Business Activities. There is no agreement --------------------------------------- (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Merger Agreement (Gateway International Holdings Inc)
Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitment, judgment, injunction, material order or decree to which the Company is a party or otherwise binding upon the Company or any of its Subsidiaries or any of their properties which has had or could reasonably could be expected to have the effect of prohibiting or materially impairing any business practice of the Company, Company or any acquisition of property (tangible or intangible) by the Company its Subsidiaries or the conduct of business by the Company or any of its Subsidiaries as currently conducted or as proposed to be conducted by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement ----------------------------------- (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or may reasonably could be expected to have the effect of prohibiting or materially impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the generality of the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Recapitalization and Exchange Offer Agreement (Internet Capital Group Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/)
Restrictions on Business Activities. There is no agreement (non-compete Contract or otherwise), commitment, judgment, injunction, order Legal Requirement binding upon the Company or decree to which the Company is a party or otherwise binding upon the Company by which any of its assets or properties is bound which has or could reasonably could be expected to have the effect of prohibiting or materially impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the CompanyCompany as currently conducted. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted in any material respect from selling, licensing or otherwise distributing any of its products or services to any class of customers, in any geographic area, during any period of time or in any segment of the marketmarket that will negatively impact the Company's business as currently conducted and Reasonably Contemplated to be Conducted (other than standard industry restrictions included in the Company's content license agreements).
Appears in 1 contract
Samples: Merger Agreement (Realnetworks Inc)
Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the Company or the Stockholder is a party or otherwise binding upon the Company or the Stockholder which has or may reasonably could be expected to have the effect of prohibiting or impairing in any material respect any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, neither the Company nor the Stockholder has not entered into any agreement under pursuant to which the Company is is, or reasonably could be, restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Stock Purchase Agreement (Micrus Endovascular Corp)
Restrictions on Business Activities. There Except as set forth in ----------------------------------- Section 2.11 of the Disclosure Letter, there is no agreement (non-compete competition or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which that has or reasonably could be expected to may have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing providing services to customers or otherwise distributing any of its products to potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Tut Systems Inc)
Restrictions on Business Activities. There is no agreement (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or materially impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/)
Restrictions on Business Activities. There is no agreement ----------------------------------- (non-compete noncompete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which has or reasonably could would be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Merger Agreement (Goto Com Inc)
Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitmentagreement, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company Borrower which has or could reasonably could be expected to have the effect of prohibiting or materially impairing any current or future business practice of the CompanyBorrower, any acquisition of property (tangible or intangible) by the Company Borrower or the overall conduct of business by the CompanyBorrower as currently conducted or as proposed to be conducted by the Borrower. Without limiting the foregoing, the Company The Borrower has not entered into any agreement under which the Company it is restricted from selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement Contract (non-compete noncompete, license or otherwise), commitment, judgment, injunction, order ) or decree Court Order to which the Company is a party or otherwise binding upon the Company which has or reasonably could be expected to have the effect of materially prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has not entered into any agreement under which the Company is restricted from manufacturing, producing, assembling, selling, licensing or otherwise distributing any of its products to any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Restrictions on Business Activities. There is no agreement (non-compete or otherwise), commitment, judgment, injunction, order or decree to which the Company is a party or otherwise binding upon the Company which that has had or reasonably could be expected to have the effect of prohibiting or impairing any business practice of the Company, any acquisition of property (tangible or intangible) by the Company or the conduct of business by the Company. Without limiting the foregoing, the Company has is not entered into subject to any agreement under which the Company is restricted from selling, licensing or otherwise distributing any of its technology or products to or providing services to, customers or potential customers or any class of customers, in any geographic area, during any period of time or in any segment of the market.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Vitesse Semiconductor Corp)