Common use of Substantial Customers Clause in Contracts

Substantial Customers. (a) Section 2.20(a) of the Company Disclosure Letter lists the 10 largest customers of the Company on the basis of revenues for the 12-month period ending on the date of the Company Balance Sheet. (b) As of the date hereof, no such customer described in Sections 2.20(a) above has (i) ceased or materially reduced its purchases from the Company since the beginning of such 12 month period, (ii) to the Knowledge of the Company, threatened to cease or materially reduce such purchases or (iii) to the Knowledge of the Company, been threatened with bankruptcy or insolvency. All Contracts with the customers required to be set forth on Section 2.20(a) of the Company Disclosure Letter (the “Substantial Customer Contracts”) are valid and in full force and effect except to the extent they have previously expired, or otherwise terminated, in accordance with their terms or if the failure to be in full force and effect, individually or in the aggregate, would not reasonably be expected to be material to the Company and its Subsidiaries, taken as a whole. Neither the Company nor any of its Subsidiaries has violated any provision of, or committed or failed to perform any act which, with or without notice, lapse of time or both would constitute a default under the provisions of, any Substantial Customer Contract, except in each case for those violations and defaults which, individually or in the aggregate, would not reasonably be expected to be material to the Company and its Subsidiaries, taken as a whole.

Substantial Customers. (a) Section 2.20(a4.21(a) of the Company Disclosure Letter Schedule of Exceptions lists the 10 largest customers of the Company on the basis of revenues for the 12-month period ending on the date of the Company Balance SheetDecember 31, 2007. (b) As of the date hereof, no such customer described in Sections 2.20(aSection 4.21(a) above has (i) ceased or materially reduced its purchases from the Company since the beginning of such 12 month period, (ii) to the Knowledge of the Company, threatened to cease or materially reduce such purchases or (iii) to the Knowledge of the Company, been threatened with bankruptcy or insolvency. All Contracts contracts with the customers required to be set forth on Section 2.20(a4.21(a) of the Company Disclosure Letter Schedule of Exceptions (the “Substantial Customer Contracts”) are valid and in full force and effect except to the extent they have previously expired, or otherwise terminated, in accordance with their terms or if the failure to be in full force and effect, individually or in the aggregate, would not reasonably be expected to be material to the result in a Company and its Subsidiaries, taken as a wholeMaterial Adverse Effect. Neither the Company nor any of its Subsidiaries has violated any provision of, or committed or failed to perform any act which, with or without notice, lapse of time or both would constitute a default under the provisions of, any Substantial Customer Contract, except in each case for those violations and defaults which, individually or in the aggregate, would not reasonably be expected to be material to the result in a Company and its Subsidiaries, taken as a wholeMaterial Adverse Effect.