Common use of SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS Clause in Contracts

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. The COMPANY has delivered to HOLDING an accurate list (which is set forth on Schedule 5.15) of (i) all significant customers, it being understood and agreed that a "significant customer," for purposes of this Section 5.15, means a customer (or person or entity) representing 5% or more of the COMPANY's consolidated revenues for the year ending on the Balance Sheet Date. Except to the extent set forth on Schedule 5.15, none of the COMPANY's significant customers has canceled or substantially reduced its utilization of the services provided by the COMPANY or, to the knowledge of the COMPANY, is currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the COMPANY. The COMPANY has listed on Schedule 5.15 all material contracts, commitments and similar agreements to which the COMPANY is a party or by which it or any of its properties are bound (including, but not limited to, contracts with significant customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land), other than contracts, commitments and agreements otherwise listed on Schedule 5.10, 5.14, 5.16, 5.18 or 5.19 that were (a) in existence as of the Balance Sheet Date or (b) entered into since the Balance Sheet Date, and in each case has delivered true, complete and correct copies of such agreements to HOLDING. The COMPANY has complied with all material commitments and obligations pertaining to it, and is not in default under any contracts or agreements listed on Schedule 5.15, and no notice of default under any such contract or agreement has been received by the COMPANY or any of the STOCKHOLDERS. The COMPANY has also indicated on Schedule 5.15 a summary description of all plans or projects involving the opening of new operations, expansion of existing operations or the acquisition of any personal property, business or assets requiring, in any event, the payment of more than $25,000 by the COMPANY.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. The COMPANY Company has delivered to HOLDING Purchaser an accurate list (which is set forth on Schedule 5.154.13) of (i) all significant customers, or Persons that are sources of a significant number of customers, it being understood and agreed that a "significant customer," for purposes of this Section 5.154.13, means a customer (or person or entityPerson) (i) representing 52% or more of Company's annual revenues as of the COMPANYInitial Disclosure Date or (ii) reasonably expected to represent 2% or more of Company's consolidated revenues for during the year twelve-month period ending on the Balance Sheet DateMarch 31, 1998. Except to the extent set forth on Schedule 5.154.13, none of the COMPANYCompany's significant customers (or Persons that are sources of a significant number of customers) has canceled or substantially reduced its utilization of the services provided by the COMPANY or, to the knowledge of the COMPANYCompany, is currently attempting or threatening to cancel a contract or substantially reduce utilization of the services provided by the COMPANYCompany. The COMPANY Company has listed on Schedule 5.15 4.13 all material contracts, commitments and similar agreements to which the COMPANY Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with significant customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land), other than contracts, commitments and agreements otherwise listed on Schedule 5.10other Schedules to this Agreement, 5.14, 5.16, 5.18 or 5.19 that were (ax) in existence as of the Balance Sheet Initial Disclosure Date or and (by) entered into since the Balance Sheet Initial Disclosure Date, and in each case has delivered true, complete and correct copies of such agreements to HOLDINGPurchaser. The COMPANY Company has complied with all material commitments and obligations pertaining to it, and is not in material default under any contracts contract or agreements agreement listed on Schedule 5.15, 4.13 and no notice of default under any such contract or agreement has been received by the COMPANY or any of the STOCKHOLDERSreceived. The COMPANY Company has also indicated on Schedule 5.15 4.13 a summary description of all plans or projects involving the opening of new operations, expansion of existing operations or the acquisition of any personal property, business or assets requiring, in any event, the payment of more than $25,000 50,000 by the COMPANYCompany.

SIGNIFICANT CUSTOMERS; MATERIAL CONTRACTS AND COMMITMENTS. The COMPANY Company has delivered to HOLDING Parent an accurate list (which is set forth on Schedule 5.156.15) of (i) all significant customers, or persons or entities that are sources of a significant number of customers, it being understood and agreed that a "significant customer," for purposes of this Section 5.156.15, means a customer (or person or entity) (i) representing 52% or more of the COMPANYCompany's consolidated annual revenues for the year ending on as of the Balance Sheet DateDate or (ii) reasonably expected to represent 2% or more of Company's revenues during the twelve-month period ending June 30, 1998. Except to the extent set forth on Schedule 5.156.15, none of the COMPANYCompany's significant customers (or persons or entities that are sources of a significant number of customers) has canceled or substantially reduced its utilization given written notice of the services provided by the COMPANY or, to the knowledge of the COMPANY, is currently attempting or threatening an intention to cancel a contract or substantially reduce utilization of the services provided by the COMPANYCompany. The COMPANY Company has listed on Schedule 5.15 6.15 all material contracts, commitments and similar agreements to which the COMPANY Company is a party or by which it or any of its properties are bound (including, but not limited to, contracts with significant customers, joint venture or partnership agreements, contracts with any labor organizations, strategic alliances and options to purchase land), other than contracts, commitments and agreements otherwise listed on Schedule 5.106.10, 5.146.14 or 6.16, 5.16, 5.18 or 5.19 that were (ax) in existence as of the Balance Sheet Date or and (by) entered into since the Balance Sheet Street Date, and in each case has delivered true, complete and correct copies of such agreements to HOLDINGParent. The COMPANY Company has complied with all material commitments and obligations pertaining to it, and is not in material default under any contracts contract or agreements agreement listed on Schedule 5.15, 6.15 and no notice of default under any such contract or agreement has been received by the COMPANY or any of the STOCKHOLDERSreceived. The COMPANY Company has also indicated on Schedule 5.15 6.15 a summary description of all plans or projects involving the opening of new operations, expansion of existing operations or the acquisition of any personal property, business or assets requiring, in any event, the payment of more than $25,000 20,000 by the COMPANYCompany.