Common use of Substantial Customers and Suppliers Clause in Contracts

Substantial Customers and Suppliers. Section 2.23(a) of the Company Disclosure Schedule lists the fifteen largest customers of the Company and its Subsidiaries, collectively, on the basis of revenues collected or accrued for fiscal year 2009. Section 2.23(b) of the Company Disclosure Schedule lists the fifteen largest suppliers of the Company and its Subsidiaries, collectively, on the basis of cost of goods or services purchased for fiscal year 2009. Except as disclosed in Section 2.23(c) of the Company Disclosure Schedule, no such customer or supplier has ceased or materially reduced its purchases from or sales or provision of services to the Company and its Subsidiaries since January 1, 2009 or, to the Knowledge of the Company or its Subsidiaries, has threatened to cease or materially reduce such purchases or sales or provision of services after the date hereof. To the Knowledge of the Company or its Subsidiaries, no such customer or supplier is threatened with bankruptcy or insolvency.

Appears in 1 contract

Samples: Merger Agreement (Emulex Corp /De/)

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Substantial Customers and Suppliers. Section 2.23(a(a) of the Company Disclosure Schedule lists the fifteen ten (10) largest customers of the Company and its Subsidiaries, collectively, on the basis of revenues collected or accrued for the most recent complete fiscal year 2009year. Section 2.23(b3.24(b) of the Company Disclosure Schedule lists the fifteen ten (10) largest suppliers of the Company and its Subsidiaries, collectively, Subsidiaries on the basis of cost of goods or services purchased for the most recent fiscal year 2009year. Except as disclosed in Section 2.23(c3.24(c) of the Company Disclosure Schedule, no such customer or supplier has ceased or materially reduced its purchases from or sales or provision of services to the Company and its Subsidiaries since January 1December 31, 2009 2003 or, to the Knowledge knowledge of the Company or its Subsidiaries, has threatened to cease or materially reduce such purchases or sales or provision of services after the date hereof. To Except as disclosed in Section 3.24(d) of the Knowledge Company Disclosure Schedule, to the knowledge of the Company or its Subsidiaries, no such customer or supplier is threatened with bankruptcy or insolvencyinsolvency or has indicated to the Company that it is unable to pay its Indebtedness when due.

Appears in 1 contract

Samples: Merger Agreement (Emcore Corp)

Substantial Customers and Suppliers. Section 2.23(a) of the Company Disclosure Schedule lists the fifteen (15) largest customers of the Company and its Subsidiaries, collectively, collectively on the basis of revenues collected or accrued for the most recent complete fiscal year 2009year. Section 2.23(b) of the Company Disclosure Schedule lists the fifteen (15) largest suppliers of the Company and its Subsidiaries, collectively, collectively on the basis of cost of goods or services purchased for the most recent fiscal year 2009year. Except as disclosed in Section 2.23(c) of the Company Disclosure Schedule, no such customer or supplier has ceased or materially reduced its purchases from or sales or provision of services to the Company and or any of its Subsidiaries since January 1December 31, 2009 1999 or, to the Knowledge knowledge of the Company or and its Subsidiaries, has threatened to cease or materially reduce such purchases or sales or provision of services after the date hereof. To the Knowledge Except as disclosed in Section 2.23(d) of the Company or Disclosure Schedule, to the knowledge of the Company and its Subsidiaries, no such customer or supplier is threatened with bankruptcy or insolvency.

Appears in 1 contract

Samples: Merger Agreement (Broadcom Corp)

Substantial Customers and Suppliers. (a) Section 2.23(a2.29(a) of the Company Disclosure Schedule lists the fifteen 25 largest customers of the Company and its Subsidiaries, collectively, Subsidiaries in the aggregate on the basis of revenues collected or accrued for fiscal year 2009. the twelve month period ending on the Current Balance Sheet Date. (b) Section 2.23(b2.29(b) of the Company Disclosure Schedule lists the fifteen 25 largest suppliers of the Company and its Subsidiaries, collectively, Subsidiaries in the aggregate on the basis of cost of goods or services purchased for fiscal year 2009. the twelve month period ending on the Current Balance Sheet Date. (c) Except as disclosed in Section 2.23(c2.29(c) of the Company Disclosure Schedule, no such customer or supplier has (i) ceased or materially reduced its purchases from or sales or provision of services to the Company and or any of its Subsidiaries since January 1the beginning of such twelve month period, 2009 or, (ii) to the Knowledge of the Company or its SubsidiariesCompany, has threatened to cease or materially reduce such purchases or sales or provision of services after the date hereof. To or (iii) to the Knowledge of the Company or its Subsidiaries, no such customer or supplier is been threatened with bankruptcy or insolvency.

Appears in 1 contract

Samples: Arrangement Agreement (Aruba Networks, Inc.)

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Substantial Customers and Suppliers. Section 2.23(a) of the Company Disclosure Schedule lists the fifteen (15) largest customers of the Company and its Subsidiaries, collectively, on the basis of revenues collected or accrued for the most recent complete fiscal year 2009year. Section 2.23(b) of the Company Disclosure Schedule lists the fifteen 15 largest suppliers of the Company and its Subsidiaries, collectively, Subsidiaries on the basis of cost of goods or services purchased for the most recent fiscal year 2009year. Except as disclosed in Section 2.23(c) of the Company Disclosure Schedule, no such customer or supplier has ceased or materially reduced its purchases from or sales or provision of services to the Company and its Subsidiaries since January 1September 30, 2009 1999 or, to the Knowledge knowledge of the Company or its Subsidiaries, has threatened to cease or materially reduce such purchases or sales or provision of services after the date hereof. To Except as disclosed in Section 2.23(d) of the Knowledge Company Disclosure Schedule, to the knowledge of the Company or its Subsidiaries, no such customer or supplier is threatened with bankruptcy or insolvency.

Appears in 1 contract

Samples: Merger Agreement (Broadcom Corp)

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