Common use of Suppliers and Distributors Clause in Contracts

Suppliers and Distributors. (a) Neither the Company nor any of its Subsidiaries has received any notice, oral or written, or has any reason to believe that any significant supplier, including without limitation any sole source supplier, will not sell raw materials, supplies, merchandise and other goods to the Company of any of its Subsidiaries at any time after the Effective Time on terms and conditions substantially similar to those used in its current sales to the Company and its Subsidiaries, subject only to general and customary price increases, except for supplies as to which comparable raw materials, supplies, merchandise, or other goods are readily available from other sources on comparable terms and conditions. (b) Neither the Company nor any of its Subsidiaries has received any notice, oral or written, or has any reason to believe that any distributors, sales representatives, sales agents, or other third party sellers, will not sell or market the products or services of the Company or its Subsidiaries at any time after the Effective Time on terms and conditions substantially similar to those used in the current sales and distribution contracts of the Company and its Subsidiaries, except as would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Merger Agreement (Endocardial Solutions Inc), Agreement and Plan of Merger (Endocardial Solutions Inc), Agreement and Plan of Merger (St Jude Medical Inc)

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Suppliers and Distributors. (a) Neither the Company nor any of its Subsidiaries Subsidiary has received any written notice, or to the Knowledge of the Company, oral or writtennotice, or has any reason to believe that any significant supplier, including without limitation any sole source supplier, will not sell raw materials, supplies, merchandise and other goods to the Company of or any of its Subsidiaries Subsidiary at any time after the Effective Time on terms and conditions substantially similar to those used in its current sales to the Company and its Subsidiaries, subject only to general and customary price increases, except for supplies as to which unless comparable raw materials, supplies, merchandise, or other goods are readily available from other sources on comparable terms and conditions. (b) Neither the Company nor any of its Subsidiaries Subsidiary has received any written notice, or to the Knowledge of the Company, oral or writtennotice, or has any reason to believe that any distributors, sales representatives, sales agents, or other third party sellers, will not sell or market the products or services of the Company or its Subsidiaries any Subsidiary at any time after the Effective Time on terms and conditions substantially similar to those used in the current sales and distribution contracts of the Company and its Subsidiaries, except as would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Merger Agreement (Lunar Corp), Merger Agreement (General Electric Co)

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