Common use of Revaluation Clause in Contracts

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 71 contracts

Samples: Agreement and Plan of Merger (Ellie Mae Inc), Agreement and Plan of Reorganization (Zygo Corp), Agreement and Plan of Merger (Amera Link Inc)

AutoNDA by SimpleDocs

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;

Appears in 33 contracts

Samples: Acquisition Agreement (Autobytel Inc), Agreement and Plan of Reorganization (PDF Solutions Inc), Stock Purchase Agreement (PDF Solutions Inc)

Revaluation. Revalue any of its assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 12 contracts

Samples: Agreement and Plan of Reorganization (Measurex Corp /De/), Agreement and Plan of Reorganization (Cacheflow Inc), Agreement and Plan of Reorganization (Vignette Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in generally accepted accounting principles; or

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Convio, Inc.), Agreement and Plan of Merger (Convio, Inc.), Agreement and Plan of Merger (Pure Biofuels Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable Receivables other than in the ordinary course of business; or;

Appears in 5 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (NXT-Id, Inc.), Stock Purchase Agreement (Intercloud Systems, Inc.)

Revaluation. Revalue any of its assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;

Appears in 5 contracts

Samples: Shareholder Agreement (Digital Island Inc), Agreement and Plan of Reorganization (Agile Software Corp), Agreement and Plan of Reorganization (Agile Software Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (INPHI Corp), Share Purchase Agreement (Cohu Inc), Agreement and Plan of Merger (INPHI Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as may be required by GAAP or the Exchange Act;

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Centra Software Inc), Agreement and Plan of Reorganization (Saba Software Inc), Agreement and Plan of Reorganization (Nptest Holding Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business, consistent with past practice; or

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Us Dry Cleaning Corp), Agreement and Plan of Merger and Reorganization (Pixelworks Inc), Agreement and Plan of Merger (Us Dry Cleaning Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP;

Appears in 4 contracts

Samples: Stock Purchase Agreement (EPIRUS Biopharmaceuticals, Inc.), Stock Purchase Agreement (Chyron Corp), Agreement and Plan of Merger (Nuvasive Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in GAAP; or

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Adventrx Pharmaceuticals Inc), Agreement and Plan of Reorganization (Sigmatel Inc), Agreement and Plan of Reorganization (Packeteer Inc)

Revaluation. Revalue any of its assets, including without limitation ----------- writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by US GAAP.

Appears in 3 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Unit Purchase Agreement (Rapidtron Inc)

Revaluation. Revalue any of its assets, including without limitation ----------- writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;

Appears in 3 contracts

Samples: Shareholder Agreement (Credence Systems Corp), Shareholder Agreement (Integrated Measurement Systems Inc /Or/), Shareholder Agreement (Credence Systems Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or in connection with the audit of its results for the period ending December 31, 2001 or the review of the Closing Balance Sheet; or

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (L90 Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orreceivable;

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Intercontinental Exchange, Inc.), Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp), Agreement and Plan of Merger (Quantum Corp /De/)

Revaluation. Revalue Other than in the ordinary course of business, revalue any of its material assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessreceivable; or

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Best Buy Co Inc), Agreement and Plan of Merger (Musicland Stores Corp), Agreement and Plan of Merger (Best Buy Co Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by generally accepted accounting principles; or

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Maxygen Inc), Agreement and Plan of Reorganization (Predictive Systems Inc), Agreement and Plan of Reorganization (Predictive Systems Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in generally accepted accounting principles; or

Appears in 2 contracts

Samples: Services Agreement (Netratings Inc), Services Agreement (Netratings Inc)

Revaluation. Revalue any of its assetsassets for financial accounting ----------- purposes, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 2 contracts

Samples: Purchase Agreement (Naviant Inc), Purchase Agreement (Naviant Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness except as required by GAAP;

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Amerilink Corp), Agreement and Plan of Reorganization (Tandy Corp /De/)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by applicable law or regulations; or

Appears in 2 contracts

Samples: Strategic Business Combination Agreement (Steag Electronic Systems GMBH), Strategic Business Combination Agreement (Mattson Technology Inc)

Revaluation. Revalue any of its material assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Legato Systems Inc), Agreement and Plan of Reorganization (Ontrack Data International Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in GAAP; or

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Silicon Laboratories Inc), Agreement and Plan of Merger (Silicon Laboratories Inc)

Revaluation. Revalue any of its assets, ----------- including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (DentalServ.com), Agreement and Plan of Merger (DentalServ.com)

Revaluation. Revalue any of its assets, including without limitation writing down the value of or inventory or writing off notes or accounts receivable other than in the ordinary course Ordinary Course of businessBusiness; or

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aig Latin America Equity Partners LTD), Stock Purchase Agreement (Brazil Fast Food Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by GAAP; or

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Global Cash Access Holdings, Inc.), Agreement and Plan of Merger (Cash Systems Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course Ordinary Course of business; orBusiness or as required by changes in Indian GAAP.

Appears in 2 contracts

Samples: Share Subscription Agreement (Millennium India Acquisition CO Inc.), Share Subscription Agreement (Millennium India Acquisition CO Inc.)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness consistent with past practice;

Appears in 2 contracts

Samples: Stock Purchase Agreement (Mercer Insurance Group Inc), Agreement and Plan of Reorganization (Old Guard Group Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by GAAP; or

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bea Systems Inc), Agreement and Plan of Merger (Plumtree Software Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or, consistent with past practice;

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Flir Systems Inc), Agreement and Plan of Merger (Con-Way Inc.)

Revaluation. Revalue any of its assetsthe Acquired Assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable inventory, other than in the ordinary course of business; or

Appears in 2 contracts

Samples: Asset Purchase Agreement (Genesis Group Holdings Inc), Asset Purchase Agreement (Genesis Group Holdings Inc)

Revaluation. Revalue any of its assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course of business; orbusiness or as required by applicable law, rule or regulation;

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (E Trade Group Inc), Agreement and Plan of Merger (E Trade Group Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by GAAP;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sigmatel Inc)

Revaluation. Revalue revalue any of its assetsthe Purchased Assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessreceivable; or

Appears in 1 contract

Samples: Asset Purchase Agreement (Looksmart LTD)

Revaluation. Revalue any of its assetsmaterial assets including, including without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 1 contract

Samples: Agreement and Plan of Merger (Lexmark International Inc /Ky/)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP or Applicable Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nuvasive Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in generally accepted accounting principles; or

Appears in 1 contract

Samples: Asset Purchase Agreement (Timeline Inc)

Revaluation. Revalue any of its their assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or, consistent with past practice;

Appears in 1 contract

Samples: Business Acquisition Agreement (China Medical Technologies, Inc.)

AutoNDA by SimpleDocs

Revaluation. Revalue revalue any of its assets, including including, without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessreceivable; or

Appears in 1 contract

Samples: Merger Agreement and Plan (Google Inc.)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Green Dot Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or, or as required by GAAP;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Virage Logic Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP. (xvii)

Appears in 1 contract

Samples: Share Purchase Agreement (Codex DNA, Inc.)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in GAAP or Target’s auditors and in accordance with GAAP; or

Appears in 1 contract

Samples: Agreement and Plan of Merger (Staktek Holdings Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in generally accepted accounting principles;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Entorian Technologies Inc)

Revaluation. Revalue any of its assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by US GAAP.

Appears in 1 contract

Samples: Convertible Note and Warrant Purchase Agreement (Rapidtron Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course Ordinary Course of business; orBusiness;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Intermec, Inc.)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course Ordinary Course of businessBusiness or as required by GAAP; or

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Mdsi Mobile Data Solutions Inc /Can/)

Revaluation. Revalue in any material respect any of its assets, including without limitation writing down the value of inventory or writing off down notes or accounts receivable receivable, other than in the ordinary course of business; orbusiness consistent with past practice or as may be consistent with GAAP.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Phazar Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in GAAP, or make any change in its accounting principles, practices or methods, except as required by Applicable Law or GAAP; or

Appears in 1 contract

Samples: Agreement and Plan of Merger (Forgent Networks Inc)

Revaluation. Revalue any of its the Company’s assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 1 contract

Samples: Option and Purchase Agreement (Netfabric Holdings, Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course Ordinary Course of business; orBusiness;

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stratasys Inc)

Revaluation. Revalue any of its assets, including including, without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course of business; or;

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Cytyc Corp)

Revaluation. Revalue any of its assetsthe Assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 1 contract

Samples: Asset Purchase Agreement (Cais Internet Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness and consistent with past practice, or as required by applicable law or regulations;

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Mattson Technology Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness consistent with past practice; or

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ashford Com Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required under GAAP.

Appears in 1 contract

Samples: Equity Purchase Agreement (Electronics for Imaging Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course of business; orbusiness or as required by applicable law, rule or regulation;

Appears in 1 contract

Samples: Stockholder Agreement (Telebanc Financial Corp)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 1 contract

Samples: Agreement and Plan of Merger (Paypal Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Silicon Laboratories Inc)

Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course of business; or

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Micromuse Inc)

Revaluation. Revalue any of its assetsassets including, including without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or

Appears in 1 contract

Samples: Agreement and Plan of Merger (SDL Inc)

Revaluation. Revalue any of its assets, including ----------- without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Gasonics International Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.