Material Commitments definition
Examples of Material Commitments in a sentence
Seller has delivered or made available to Buyer true and correct copies of each of the Material Commitments, each as amended to date, as listed on Schedule 4.4(a).
As used in this Section 10.18, the term "Material Commitments" means each Contract of TXEN which obligates TXEN to sell, license, distribute, deliver or provide products or services for a consideration in excess of $25,000 or over a period of more than one (1) month.
Except as set forth on Schedule 4.4(b), the execution, delivery and performance of this Agreement by Seller will not conflict with, or result in the breach of, termination of, give rise to any lien (other than a Permitted Encumbrance) or constitute a material default under, or require the consent of any other party to, any Material Commitments to which Seller is a party or by which Seller or any of the Purchased Assets are bound.
As used in this Section 2.30, the term "Material Commitments" means each Contract of Mnemonic which obligates Mnemonic to sell, license, distribute, deliver or provide products or services (including, without limitation, consulting services) for a consideration in excess of $100,000 and over a period of more than one (1) month.
As used in this Section 2.30, the term "Material Commitments" means each Contract of Welkin which obligates Welkin to sell, license, distribute, deliver or provide products or services (including, without limitation, consulting services) for a consideration in excess of $100,000 and over a period of more than one (1) month.
Each Material Commitment was made on a basis calculated to produce a profit under the circumstances prevailing when it was made, and, except as disclosed on Schedule 2.30, Project List, and except for changes to the Material Commitments that may result from the transactions contemplated hereby, Welkin is not aware of any circumstances that might reasonably be expected to prevent the realization of a profit.
If SYTE fails to complete its Material Commitments and does not cure its breach within sixty (60) days of receiving notice of such breach from any Cleveland Partner, then the Cleveland Partners may, upon a majority vote, agree to terminate this Agreement.
Each Party acknowledges that the Material Commitments were a key factor in each Party’s execution of this agreement.
Mnemonic is not bound by any Material Commitments for the performance of services or delivery of products in excess of its current ability to provide such services or deliver such products during the time available to satisfy such commitments; and all outstanding Material Commitments for the performance or delivery of products were made on a basis calculated to produce a profit under the circumstances prevailing when such commitments were made.
Welkin is not bound by any Material Commitments for the performance of services or delivery of services or products in excess of its current ability to provide such services or deliver such products during the time available to satisfy such commitments; and all outstanding Material Commitments for the performance or delivery of services or products were made on a basis calculated to produce a profit under the circumstances prevailing when such commitments were made.