Common use of Contracts and Other Instruments Clause in Contracts

Contracts and Other Instruments. (a) Schedule 2.8 hereto sets forth a list of all contracts, agreements, ------------ instruments and leases to which the Seller or Stockholder, on behalf or for the benefit of the Seller, are a party or by which they are bound, relating to the Business or to which any of the Purchased Assets are subject (collectively, together with any contracts, agreements, instruments and leases entered into by the Seller or Stockholder with respect to the Business between the date hereof and the Closing Date consistent with the terms of this Agreement, being herein called the "Contracts"). The Seller and Stockholder have provided Buyer with a --------- true and complete copy of each Contract. (b) Each of the Contracts constitutes the valid and binding obligation of the Seller and/or Stockholder and, to the best of the Seller's and Stockholder's knowledge, the other party thereto, is in full force and effect. The Seller and/or Stockholder have performed and fulfilled all of their material obligations under each of such Contracts required to be performed as of the date hereof, are not in default or breach thereunder, and, to the knowledge of the Seller and Stockholder, no other party is in default or breach thereunder.

Contracts and Other Instruments. (a) Schedule 2.8 2.7(A) hereto sets ------------------------------- --------------- forth a list of all contracts, agreements, ------------ instruments and leases to which the Seller Sellers, Stockholder or Stockholder, on behalf or for the benefit of the Seller, are Executive is a party or by which they are it is bound, relating to the Business or the Purchased Assets or to which any of the Purchased Assets are is subject (collectively, together with any contracts, agreements, instruments and leases entered into by the Seller or Stockholder Sellers with respect to the Business or the Purchased Assets between the date hereof and the Closing Date consistent with the terms of this Agreement, being herein called the "Contracts"). The Seller and Stockholder Sellers have provided Buyer --------- with a --------- true and complete copy of each Contract. (b) Each of the Contracts constitutes the valid and binding obligation of the Seller and/or Stockholder Sellers and, to the best of the Seller's Sellers' and StockholderExecutive's knowledge, the other party thereto, and is in full force and effect. The Seller and/or Stockholder Sellers have performed and fulfilled all of their material obligations under each of such Contracts required to be performed as of the date hereof, are is not in default or breach thereunder, and, to the knowledge of the Seller Sellers and StockholderExecutive, no other party is in default or breach thereunder.

Contracts and Other Instruments. (a) Schedule 2.8 2.7(A) hereto sets ------------------------------- --------------- forth a list of all contracts, agreements, ------------ instruments and leases to which the Seller or Stockholder, on behalf or for the benefit of the Seller, are is a party or by which they are it is bound, relating to the Business or the Purchased Assets or to which any of the Purchased Assets are is subject (collectively, together with any contracts, agreements, instruments and leases entered into by the Seller or Stockholder with respect to the Business or the Purchased Assets between the date hereof and the Closing Date consistent with the terms of this Agreement, being herein called the "Contracts"). The Seller and Stockholder have has provided Buyer with --------- a --------- true and complete copy of each Contract. (b) Each of the Contracts constitutes the valid and binding obligation of the Seller and/or Stockholder and, to the best of the Seller's and Stockholder's knowledge, the other party thereto, is in full force and effect. The Seller and/or Stockholder have has performed and fulfilled all of their material its obligations under each of such Contracts required to be performed as of the date hereof, are is not in default or breach thereunder, and, to the knowledge of the Seller and StockholderSeller, no other party is in default or breach thereunder.

Contracts and Other Instruments. (a) Schedule 2.8 2.7(A) hereto sets ------------------------------- --------------- forth a list of all contracts, agreements, ------------ instruments and leases to which the Seller or Stockholder, on behalf or for the benefit any of the Seller, are Stockholders is a party or by which they are it is bound, relating to the Business or the Purchased Assets or to which any of the Purchased Assets are is subject (collectively, together with any contracts, agreements, instruments and leases entered into by the Seller or Stockholder with respect to the Business or the Purchased Assets between the date hereof and the Closing Date consistent with the terms of this Agreement, being herein called the "Contracts"). The Seller and Stockholder have has provided Buyer --------- with a --------- true and complete copy of each Contract. (b) Each of the Contracts constitutes the valid and binding obligation of the Seller and/or Stockholder and, to the best of the Seller's and Stockholder's Stockholders' knowledge, the other party thereto, is in full force and effect. The Seller and/or Stockholder have has performed and fulfilled all of their material its obligations under each of such Contracts required to be performed as of the date hereof, are is not in default or breach thereunder, and, to the knowledge of the Seller and Stockholderthe Stockholders, no other party is in default or breach thereunder.