Common use of Corporate Name; Prior Transactions Clause in Contracts

Corporate Name; Prior Transactions. No Borrower has, during the past five years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of business, except as set forth on Schedule 9.4.Exhibit E.

Corporate Name; Prior Transactions. No Except as otherwise disclosed on Schedule 6.4, each Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Such Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.47.4.

Corporate Name; Prior Transactions. No Except as set forth in Schedule 8.4, the Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Borrower hashas not, during the past ----------------------------------- five years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property property or assets out of the ordinary course of business, except as set forth on Schedule 9.4in the Information Certificate.

Corporate Name; Prior Transactions. No Borrower has, during the past five 5 years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business other than a Borrower’s acquisition of licensees and franchisees in the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No None of the Borrower or its Subsidiaries has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4SCHEDULE 6.4 attached hereto and incorporated herein by this reference.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidationconsolidation (except for the merger as of even date herewith with Weston Acquisition Corporation), or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Except as set forth on Schedule 8.4, neither such Borrower nor any of its Subsidiaries has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of business, except as set forth on Schedule 9.48.4.

Corporate Name; Prior Transactions. No As of the Closing Date the Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or or, within the past two years, been a party to any merger or consolidation, or acquired all or substantially all of the assets of any PersonPerson (other than mergers between Subsidiaries of the Parent), or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Such Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, other than the name "Palco", or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Except as set forth on Schedule 6.4 (as amended from time to time by Borrower hasupon written notice to Agent), the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Such Borrower has, has ---------------------------------- not during the past five years(5) years prior to the Closing Date, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.SCHEDULE 6.4 attached hereto and incorporated herein by this reference. ------------

Corporate Name; Prior Transactions. No Each Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out outside of the ordinary course of business, except as set forth on Schedule 9.46.4.

Corporate Name; Prior Transactions. No Borrower has, during the past five years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property property or assets out of the ordinary course of business, except as set forth on Schedule 9.4in the Information Certificate.

Corporate Name; Prior Transactions. No Except as set forth on Schedule 8.4, the Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five years12 months ending on the Closing Date, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.48.4.

Corporate Name; Prior Transactions. No The Borrower has, during the past five years, has not been known by or used any other corporate or fictitious name, or been a party to any merger or consolidationMerger, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Borrower has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, business except as set forth on Schedule 9.48.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth described on Schedule 9.46.4 attached hereto.

Corporate Name; Prior Transactions. No Each Borrower hashas not, during the past five years(5) years prior to the First Amendment Closing Date, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out outside of the ordinary course of business, except as set forth on Schedule 9.46.4.

Corporate Name; Prior Transactions. No Borrower has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth described on Schedule 9.48.4.

Corporate Name; Prior Transactions. No Each Borrower hashas not, during ------------------------------------- the past five years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property property or assets out of the ordinary course of business, except as set forth on Schedule 9.4in the Information Certificate.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious namename other than Omnova Solutions Inc., or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or, except as set forth on Schedule 6.4 to the Disclosure Letter hereto or as permitted under Section 7.12 after the Closing Date, acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No As of the date hereof, Borrower hashas not, during the past five years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property property or assets out of the ordinary course of business, except as set forth on Schedule 9.4herein or in the Information Certificate.

Corporate Name; Prior Transactions. No The Borrower has, has not during the past five years, years ending on the Closing Date been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of business, except for the Merger and as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Except as otherwise disclosed on Schedule 6.4, such Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, other than The Good Guys, Inc., or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Except as set forth on Schedule 6.4 (as amended from time to time by Borrowers upon written notice to Agent), such Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of business, except as set forth on Schedule 9.4.or

Corporate Name; Prior Transactions. No Borrower hasThe Borrowers have not, during the past five years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its their Property out of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Borrower has, during the past five years, been known by or used any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property property or assets out of the ordinary course of business, except as set forth on Schedule 9.46.21 hereto.

Corporate Name; Prior Transactions. No Borrower hasExcept as set forth on Schedule 8.3, during the past five years, no Borrower has been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during ---------------------------------- the past five years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of business, except as set forth on Schedule 9.4.Exhibit E. ---------

Corporate Name; Prior Transactions. No Borrower has, during the past ---------------------------------- five years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property or assets out of the ordinary course of business, except as set forth on Schedule 9.4in the Information Certificates.

Corporate Name; Prior Transactions. No Except as set forth on Schedule 8.4, no Borrower has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Neither Borrower has, during the past five yearssince July 1, 1996, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.47.4.

Corporate Name; Prior Transactions. No The Borrower hashas not, during the past five years, been known by or used any other corporate or of fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired required any of its Property out of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Each Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.46.4.

Corporate Name; Prior Transactions. No As of the Closing Date, the Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out of the ordinary course of businessPerson as a going concern, except as set forth on Schedule 9.4permitted under Section 9.9 (Mergers, Consolidations or Sales) or Section 9.10(c) (Distributions; Capital Change; Restricted Investments).

Corporate Name; Prior Transactions. No Except as set forth on Schedule 6.4, no Borrower has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.

Corporate Name; Prior Transactions. No Such Borrower has not, and none of such Borrower's Subsidiaries has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.48.4 or as may be disclosed to the Agent from time to time.

Corporate Name; Prior Transactions. No Borrower hashas not, during the past five years, been known by or used any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property property or assets out of the ordinary course of business, except as set forth on Schedule 9.46.21 hereto.

Corporate Name; Prior Transactions. No Except as set forth on Schedule 8.4, the Borrower hashas not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its Property out property outside of the ordinary course of business, except as set forth on Schedule 9.4.