Certain Material Agreements. OWP is not a party or subject to any --------------------------- oral or written contracts, agreements or other understanding or arrangement, including, but not limited to any: (a) Contract, agreement or other understanding or arrangement providing for payments by or to OWP in an aggregate amount of $10,000 or more; (b) Contract, agreement or other understanding or arrangement as licensor or licensee (except for standard non-exclusive hardware and software licenses granted to end-user customers in the ordinary course of business the form of which has been provided to DoveBid's counsel); (c) Contract, agreement or other understanding or arrangement for the lease of real or personal property; (d) Joint venture contract or arrangement or any other agreement that involves a sharing of profits with other persons; (e) Instrument evidencing or related in any way to indebtedness for borrowed money by way of direct loan, sale of debt securities, purchase money obligation, conditional sale, guarantee, or otherwise, except for trade indebtedness incurred in the ordinary course of business and for no more than $10,000 in amount, and except as disclosed in the Financial Statements; or (f) Contract, agreement or other understanding or arrangement containing covenants purporting to limit OWP's freedom to compete in any line of business in any geographic area. All agreements, contracts, plans, leases, instruments, arrangements, licenses and commitments listed in the OWP Disclosure Schedule identified to this Section 2.18 are valid and in full force and effect. OWP is not, nor, to the knowledge of OWP, is any other party thereto, in breach or default under the terms of any such agreement, contract, plan, lease, instrument, arrangement, license or commitment.
Appears in 2 contracts
Sources: Merger Agreement (Dovebid Inc), Merger Agreement (Dovebid Inc)