Neither Company nor Provider shall use the Proprietary Information of the other Party except in the case of Provider and its subcontractors, in connection with the performance of the Services and as otherwise specifically permitted in this Agreement, and in the case of Company, its contractors, other members of the Company Group and other permitted recipients of Provider's Proprietary Information, as specifically permitted in this Agreement and in connection with the use of the Services. Neither Provider nor Company will acquire any right in or assert any lien against the other Party's Proprietary Information except as contemplated by this Agreement; or refuse to promptly return, provide a copy of or destroy such Proprietary Information upon the request of the disclosing Party.
Neither Company has filed any election under Section 341(f) of the Code. Each of the Companies has withheld with respect to each of its employees and independent contractors all taxes, including but not limited to federal and state income taxes, FICA, Medicare, FUTA and other taxes, required to be withheld, and paid such withheld amounts to the appropriate tax authority within the time prescribed by law. Effective as of July 21, 1988, AccuVal made a valid election under Section 1362 of the Code to be an S corporation within the meaning of Sections 1361 and 1362 of the Code effective for all taxable periods beginning on or subsequent to July 20, 1988. Effective as of June 13, 1988, LiquiTec made a valid election under Section 1362 of the Code to be an S corporation within the meaning of Sections 1361 and 1362 of the Code effective for all taxable periods beginning on or subsequent to June 13, 1988. Part 2.7 of the Companies Disclosure Letter sets forth each state and locality where the Companies have made a valid election under the applicable law of such jurisdiction to be an S corporation effective for all taxable periods beginning on or subsequent to the date of such election, and the date of such election. Neither the Companies nor the Shareholders have taken any action inconsistent with the requirements of the Companies' S corporation status, nor have the Companies or the Shareholders failed to take any action required in order to maintain the Companies' S Corporation status, and the Companies' S corporation election has not been terminated (whether inadvertently or otherwise) since each such effective date and is currently valid and in effect in each such jurisdiction in which an election was made.
Neither Company nor any Domestic Subsidiary is subject to any judgment, decree, order or citation related to or arising out of applicable Environmental Laws which could have a Material Adverse Effect on Company and the Domestic Subsidiaries (taken as a whole) and to the best knowledge of the Company, neither Company nor any Domestic Subsidiary has been named or listed as a potentially responsible party by any governmental body or agency in a matter arising under any applicable Environmental Laws, the result of which is likely to have a Material Adverse Effect on Company and the Domestic Subsidiaries (taken as a whole).
Examples of Neither Company in a sentence
Neither Company nor any of its Subsidiaries is engaged principally, or as one of its important activities, in the business of extending credit for the purpose of purchasing or carrying any Margin Stock.
Neither Company nor any Subsidiary has received a written notice that the Intellectual Property Rights used by Company or any Subsidiary violates or infringes upon the rights of any Person.
Neither Company nor Executive shall have the right to accelerate or defer the delivery of any such payments or benefits except to the extent specifically permitted or required by Section 409A.
Neither Company nor any of its Subsidiaries is subject to regulation under the Public Utility Holding Company Act of 1935, the Federal Power Act, the Interstate Commerce Act or the Investment Company Act of 1940 or under any other federal or state statute or regulation which may limit its ability to incur Indebtedness or which may otherwise render all or any portion of the Obligations unenforceable.
Neither Company nor any Subsidiary is in violation or default of any of the provisions of its respective certificate or articles of incorporation, bylaws or other organizational or charter documents, except as would not reasonably be expected to result in a Material Adverse Effect.
More Definitions of Neither Company
Neither Company nor any Domestic Subsidiary is an "investment company" within the meaning of the Investment Company Act of 1940, as amended. Neither Company nor any Domestic Subsidiary is engaged principally, or as one of its important activities, directly or indirectly, in the business of extending credit for the purpose of purchasing or carrying margin stock, and none of the proceeds of any of the loans hereunder will be used, directly or indirectly, for any purpose which would violate the provisions of Regulation U or X of the Board of Governors of the Federal Reserve System. Terms for which meanings are provided in Regulation U of the Board of Governors of the Federal Reserve System or any regulations substituted therefor, as from time to time in effect, are used in this paragraph with such meanings.
Neither Company s or DFFI's or Solvest's rights or obligations hereunder nor any interest therein may be assigned or delegated by Company or DFFI or Solvest without the prior written consent of all Lenders.
Neither Company s rights nor obligations hereunder nor any interest therein may be assigned or delegated by Company without the prior written consent of all Lenders.
Neither Company has given any covenants limiting or excluding its right to do business and/or compete in any area or field (whether limited by reference to a geographical area or type of business) with any other person.
Neither Company has any Subsidiaries other than those specifically disclosed in part (a) of Schedule 5.16 and neither Company, nor any of its Subsidiaries, has equity investments in any other corporation or entity other than those specifically disclosed in part (b) of Schedule 5.16.
Neither Company has: any existing service or other agreements with any officers, consultants or employees of the Company which cannot be fairly terminated three months' notice or less without giving rise to a claim for damages or compensation; liability for compensation to ex-employees or ex-consultants; obligation to re-instate or re-employ any ex-officer, ex-consultant or ex-employee of the Company; policy, practice or obligation regarding redundancy payments to employees which is more generous than the applicable award(s) or legislation; or any industrial agreement or enterprise agreement (whether registered or not) or plans to introduce any such agreement, that applies to any employee or officer of the Company.
Neither Company nor any Domestic Subsidiary is a party to any litigation or administrative proceeding, nor so far as is known by Company is any litigation or administrative proceeding threatened against Company or any Domestic Subsidiary, the outcome of which could have a Material Adverse Effect on Company and the Domestic Subsidiaries (taken as a whole) which in either case (A) asserts or alleges that Company or any Domestic Subsidiary violated Environmental Laws, (B) asserts or alleges that Company or any Domestic Subsidiary is required to clean up, remove, or take remedial or other response action due to the disposal, depositing, discharge, leaking or other release of any hazardous substances or materials, (C) asserts or alleges that Company or any Domestic Subsidiary is required to pay all or a portion of the cost of any past, present, or future cleanup, removal or remedial or other response action which arises out of or is related to the disposal, depositing, discharge, leaking or other release of any hazardous substances or materials by Company or any Domestic Subsidiary.