Similar Business Ownership. Neither Seller's officers nor any family member of any of them, owns, directly or indirectly, any interest in, or is an officer, director or principal of, any corporation, partnership, proprietorship, association or other entity which is engaged in a business similar to that of the Business, which has conducted business related to the Business with Seller or which is a party to any contract or agreement related to the Business to which Seller is a party or to which it may be bound, except as set forth on Schedule 4.19. Neither Seller's officers nor any family member of any of them has, directly or indirectly, engaged in any transaction with Seller with respect to the Business, except transactions inherent in the capacity of such person as an officer or employee of Seller, and except as set forth on Schedule 4.19.
Similar Business Ownership. Except as set on Schedule 4.25, neither GSAC, Matrix, any of its Affiliates other than Xxxxx, nor any officer, director or employee of Xxxxx, GSAC, Matrix or such Affiliates, nor any family member of any of them, (a) owns, directly or indirectly, any interest in, or is an officer, director or principal of, any corporation, partnership, proprietorship, association or other entity which is engaged in a business similar to that of any Xxxxx Party, which has conducted any business of any type whatsoever with any Xxxxx Party, or which is a party to any contract or agreement to which any Xxxxx Party is a party or to which it may be bound, (b) has directly or indirectly engaged in any transaction with any Xxxxx Party, except transactions inherent in the capacity of such person as an officer, director or employee, or (c) owns, directly or indirectly, in whole or in part, any property, assets or rights, real, personal or mixed, tangible or intangible, which are associated with or necessary for the use, operation or conduct of any of the businesses, assets or operations of any Xxxxx Party.
Similar Business Ownership. Neither Sellers, nor any officer or director of the Company, and except for Xxxxx Xxxxxxxx, Fabrizzo Xxxxxxxx, and Xxxxx Xxxxxxxx, no family member of any of them, owns, directly or indirectly, any interest in, or is an officer, director or principal of, any corporation, partnership, proprietorship, association or other entity which is engaged in a business similar to that of the Company, which has conducted any business of any type whatsoever with the Company, or which is a party to any contract or agreement to which the Company is a party or to which it may be bound, except as set forth on Schedule 5.30. Neither Sellers, nor any officer or director of the Company, and except for Xxxxx Xxxxxxxx, Fabrizzo Xxxxxxxx, and Xxxxx Xxxxxxxx, no family member of any of them, has directly or indirectly engaged in any transaction with the Company, except transactions inherent in the capacity of such person as an officer, director or employee of the Company, and except as set forth on Schedule 5.30.
Similar Business Ownership. Neither the Seller, nor any officer or director of Target and no family member of any of them, owns, directly or indirectly, any interest in, or is an officer, director or principal of, any corporation, partnership, proprietorship, association or other entity which is engaged in a business similar to that of the Company or Target, which has conducted any business of any type whatsoever with the Company or Target, or which is a party to any contract or agreement to which the Company or Target is a party or to which it may be bound, except as set forth on Schedule 5.30. Neither the Seller, nor any officer or director of Target and no family member of any of them, has directly or indirectly engaged in any transaction with the Company or Target, except transactions inherent in the capacity of such person as an officer, director or employee of the Company or Target, and except as set forth on Schedule 5.30 and the lease for the Premises.
Similar Business Ownership. None of the Riverside Parties, nor, to the knowledge of the Riverside Parties, any of their officers or directors, nor any family member of any of them, owns, directly or indirectly, any interest in, or is an officer, director or principal of, any corporation, partnership, proprietorship, association or other entity (other than the Riverside Parties or Wickes, Inc.) which is engaged in a business similar to that of Buildscape, which has conducted any business of any type whatsoever with Buildscape, or which is a party to any contract or agreement to which Buildscape is a party or to which it may be bound.
Similar Business Ownership. 25 4.29 Solvency .................................................................................. 26 4.30
Similar Business Ownership. Seller neither owns, directly or indirectly, any interest in, any corporation, partnership, proprietorship, association or other entity which is engaged in a business similar to that of the Business except with respect to operations similar to the Business outside of North America and South America.
Similar Business Ownership. 54 4.26 Status of Contracts and Leases....................................................................55 4.27 Studies...........................................................................................56 TABLE OF CONTENTS
Similar Business Ownership. To the Holders' Knowledge, and except as set forth on Schedule 5.56, no Holder and no officer, director or employee of any member of The Xxxx Group of Companies, or any family member of any of them: Owns, directly or indirectly, any interest in (other than through ownership of not more than 5% of the securities of a public company), or is an officer, director or principal of, any corporation, partnership, proprietorship, association or other entity which is engaged in a business similar to that of any member of The Xxxx Group of Companies, or which has conducted any business with any member of The Xxxx Group of Companies, or which is a party to any contract or agreement to which any member of The Xxxx Group of Companies is a party or to which it may be bound, which contract or agreement cannot be terminated by The Xxxx Group of Companies upon not more than 90 days notice without premium or penalty. Has directly or indirectly engaged in any transaction with any member of The Xxxx Group of Companies, except transactions inherent in the capacity of such person as an officer, director or employee, or Owns, directly or indirectly, in whole or in part, any property, assets or rights, real, personal or mixed, tangible or intangible, which are associated with or necessary for the use, operation or conduct of any of the businesses, assets or operations of any member of The Xxxx Group of Companies. Status of Contracts and Leases. Each of the Xxxx Agreements constitutes a legal, valid, binding and enforceable obligation of the parties thereto and is in full force and effect, and except for those Xxxx Agreements which by their terms shall expire prior to the Closing Date or are, with the prior written consent of Buyer, otherwise terminated prior to the Closing Date in accordance with the provisions thereof, the transactions contemplated in this Agreement shall not have a material adverse effect on the Xxxx Agreements, and they shall continue in full force and effect thereafter, in each case without breaching the terms thereof or resulting in the forfeiture or impairment of any rights thereunder, and without the consent, approval or act of, or the making of any filing with, any other party, except as set forth on Schedule 5.57. Each of The Xxxx Group of Companies has fulfilled and performed in all material respects its obligations under each of Xxxx Agreements, and The Xxxx Group of Companies are not in, or alleged in writing to be in (or to Holders' Knowledge, alleged...
Similar Business Ownership. 29 5.31 Status of Contracts and Leases ........................................................... 29 5.32 Studies .................................................................................. 29 5.33 Taxes; Tax Returns; Tax Elections ........................................................ 29 5.34
