Common use of Document List Clause in Contracts

Document List. (a) Except as has been previously been delivered or disclosed in writing to the Purchaser, the Company is not a party to or bound by any written or oral (i) contract not made in the ordinary course of business, including, without limitation, any "side agreements" with any individual or entity in which the Company or its management has agreed to take any action beyond the obligations contained in written agreements executed by the Company; (ii) collective bargaining agreement or other contract with any labor union; (iii) bonus, deferred compensation, profit sharing, pension, retirement, stock option, stock purchase, hospitalization, insurance or other plan or arrangement providing for employee benefits to present or former officers, directors or employees; (iv) dealers', manufacturers' representatives' or distributors' agreement which is not terminable by it without cost or liability to it or its successors on 60 days' notice or less; (v) contract requiring capital expenditures (excluding capital expenditures for which the Company shall be substantially reimbursed in accordance with the terms of an insurance policy held thereby) in excess of Twenty-Five Thousand Dollars ($25,000.00); (vi) contract for the sale of goods or the rendering of services continuing for a period of more than 30 days from the date of this Agreement, except such contracts entered into in the ordinary course of business consistent with past practices; (vii) contract for the purchase of supplies, materials or services for delivery over a period of more than 30 days from the date of this Agreement, except such contracts entered into in the ordinary course of business consistent with past practices; (viii) covenant not to compete; (ix) contract or agreement of any kind continuing for a period of more than one year from the date of this Agreement; (x) agreement or contract under which the Company has borrowed or loaned any money or issued any note, bond, indenture or other evidence of indebtedness or directly or indirectly guaranteed (including, without limitation, through so-called take-or-pay or keep well agreements and also any inter-company loan between the Company and any Subsidiary) indebtedness, liabilities or obligations of others (other than endorsements for the purpose of collection in the ordinary course of business consistent with past practices); (xi) mortgage, pledge, security agreement, deed of trust or other document granting a Lien (including, but not limited to, liens upon properties acquired under conditional sales, capital leases or other title retention or security devices); or (xii) any other agreement, contract, lease, (b) The Company and each other party thereto have performed all the obligations required to be performed by them under each agreement, contract, lease, license, commitment or instrument to which it is a party (collectively, the "CONTRACTS") to date. The Company (i) has not received any notice of default and is not in default, in any respect (with due notice or lapse of time or both) under any Contract now in effect to which it is a party or by which either it or its respective property may be bound; (ii) has no present expectation or intention of not fully performing all of its obligations under each such Contract in all respects, and (iii) has no knowledge of any breach and has not received any written notice of any anticipated breach by the other party to any contract or commitment to which it is a party. (c) The Company has previously delivered to the Purchaser copies of all Contracts relating to any indebtedness of the Company to any lender in an amount in excess of Ten Thousand Dollars ($10,000.00), including, without limitation, the Contract relating to the Company's existing credit facility with Merr▇▇▇ ▇▇▇c▇ ▇▇▇iness Financial Services (the "SENIOR LENDER").

Document List. (a) Schedule 4.13 contains a list or description of the material contracts, licenses, permits, agreements, leases, and other commitments to which either of the Companies is a party. Except only as has been previously been delivered or disclosed in writing to the Purchasercontracts, licenses, permits, agreements, leases, and other commitments listed or described on Schedule 4.13 and those that are entered into in the ordinary course of business after the date of this Agreement not inconsistent with past practices, the Company is Companies are not a party to or bound by any written or oral oral: (ia) contract not made in the ordinary course of business, including, without limitation, any "side agreements" with any individual business except those that would not either individually or entity in which the Company or its management has agreed to take any action beyond the obligations contained in written agreements executed by the Company; aggregate have a Material Adverse Effect; (iib) collective bargaining agreement or other contract with any labor union; ; (iiic) bonus, deferred compensation, profit sharing, pension, retirement, stock option, stock purchase, hospitalization, insurance insurance, or other plan or arrangement providing for employee benefits to present or former officers, directors or employees; ; (ivd) dealers'’, manufacturers' ’, representatives' ’, or distributors' ’ agreement which that is not terminable by it without cost or liability to it or its successors on 60 days' ’ notice or less; ; (v) contract requiring capital expenditures (excluding capital expenditures for which the Company shall be substantially reimbursed in accordance with the terms of an insurance policy held thereby) in excess of Twenty-Five Thousand Dollars ($25,000.00); (vie) contract for the sale of goods or the rendering of services continuing for a period of more than 30 days from the date of this Agreement, except such contracts entered into in the ordinary course of business consistent not inconsistent with past practices; ; (viif) contract for the purchase of supplies, materials materials, or services for delivery over a period of more than 30 days from the date of this Agreement, except such contracts entered into in the ordinary course of business consistent not inconsistent with past practices; ; (viiig) covenant not to compete; ; (ixh) any contract involving payment by the Companies of $50,000 or more in any period of 12 consecutive months (inclusive of or after the Closing Date) that is not cancelable by Datavantage, without penalty, on 90 days or less prior written notice; (i) contract or agreement between either of the Companies and a Stockholder or any kind continuing for Affiliate of a period of more than one year from the date of this Agreement; Stockholder; (xj) agreement or contract under which either of the Company has Companies have borrowed or loaned any money or issued any note, bond, indenture indenture, or other evidence of indebtedness or directly or indirectly guaranteed (including, without limitation, through so-called take-or-pay or keep well agreements and also any inter-company loan between the Company and any Subsidiary) indebtedness, liabilities liabilities, or obligations of others (other than endorsements for the purpose of collection in the ordinary course of business consistent not inconsistent with past practices); ; (xik) mortgage, pledge, security agreement, deed of trust trust, or other document granting a Lien (including, but not limited to, liens upon properties acquired under conditional sales, capital leases leases, or other title retention or security devices); or or (xiil) any other agreement, contract, lease, (b) The Company and each agreement giving the other party thereto exclusive or preferential rights to any of (or the distribution of such rights) the Intellectual Property of either of the Companies (as defined in Section 4.18 below) or other assets. The Companies have performed all the obligations required to be performed by them under provided Buyer with a true and complete copies of each agreement, contract, lease, license, commitment commitment, or instrument of the Companies described on Schedule 4.13 other than those specifically identified on Schedule 4.13 as not having been delivered to which it is a party Buyer. Except as may be disclosed on Schedule 4.13, each of the Contracts described on Schedule 4.13 (collectively, the "CONTRACTS"“Contracts”) to date. The is in full force and effect, neither Company (i) has not received any notice of default and is not in default, in any respect (with due notice or lapse of time or both) under any Contract now in effect to which it is a party or by which either it or its respective property may be bound; (ii) has no present expectation or intention of not fully performing all of its obligations under each such Contract in all respects, and (iii) has no knowledge of any breach and has not received any written notice of any anticipated breach by the other party to any contract or commitment to which it that such Contract is a party. (c) The not in full force and effect, and neither Company has previously delivered to the Purchaser copies of all Contracts relating to any indebtedness of the Company to any lender in an amount in excess of Ten Thousand Dollars ($10,000.00), including, without limitation, the Contract relating to the Company's existing credit facility with Merr▇▇▇ ▇▇▇c▇ ▇▇▇iness Financial Services (the "SENIOR LENDER")materially breached such Contract.

Document List. (a) Except only as has been previously been delivered or disclosed in writing to the Purchasercontracts, licenses, permits, agreements, leases, and other commitments listed or described on Schedule 4.14, as of the date hereof, Company is not a party to or bound by any written or oral oral: (ia) contract not made in the ordinary course of business, including, without limitation, any "side agreements" with any individual or entity in which the Company or its management has agreed to take any action beyond the obligations contained in written agreements executed by the Company; business except those that would not have a value of more than £50,000; (iib) collective bargaining agreement or other contract with any labor union; ; (iiic) bonus, deferred compensation, profit sharing, pension, retirement, stock option, stock purchase, hospitalization, insurance insurance, or other plan or arrangement providing for employee benefits to present or former officers, directors or employees; ; (ivd) dealers'’, manufacturers' ’, representatives' ’, or distributors' ’ agreement which that is not terminable by it without cost or liability to it or its successors on 60 sixty (60) days' ’ notice or less; ; (v) contract requiring capital expenditures (excluding capital expenditures for which the Company shall be substantially reimbursed in accordance with the terms of an insurance policy held thereby) in excess of Twenty-Five Thousand Dollars ($25,000.00); (vie) contract for the sale of goods or the rendering of services continuing for a period of more than 30 thirty (30) days from the date of this Agreement, except such contracts entered into in the ordinary course of business consistent not inconsistent with past practices; ; (viif) contract for the purchase of supplies, materials materials, or services for delivery over a period of more than 30 thirty (30) days from the date of this Agreement, except such contracts entered into in the ordinary course of business consistent not inconsistent with past practices; ; (viiig) covenant contract upon which any substantial part of the Business is dependent or which, if breached, would reasonably be expected to have a Material Adverse Effect; (h) contract which contains covenants pursuant to which it has agreed not to compete; ; (ixi) any Material Supplier Contract that is not cancelable by Company, without penalty, on ninety (90) days or less prior written notice; (j) other than the Loan Notes or the employment contracts listed in Schedule 4.12, contract or agreement between Company and a Stockholder or any Affiliate of any kind continuing for a period of more Stockholder; (k) other than one year from the date of this Agreement; (x) Loan Notes and the Burdale Facility, agreement or contract under which the Company has borrowed or loaned any money or issued any note, bond, indenture indenture, or other evidence of indebtedness or directly or indirectly guaranteed (including, without limitation, through so-called take-or-pay or keep well agreements and also any inter-company loan between the Company and any Subsidiary) indebtedness, liabilities liabilities, or obligations of others other parties other than the Company’s Subsidiaries and vice versa (other than endorsements for the purpose of collection in the ordinary course of business consistent not inconsistent with past practices); ; (xil) mortgage, pledge, security agreement, deed of trust trust, or other document granting a Lien (including, but not limited to, liens upon properties acquired under conditional sales, capital leases leases, or other title retention or security devices); or or (xiim) any other agreement, contract, lease, (b) The Company and each agreement giving the other party thereto have performed all exclusive or preferential rights to any of (or the obligations required to be performed by them under distribution of such rights) the Intellectual Property of Company (as defined in Section 4.19 below) or other assets. Company has provided Buyer with true and complete copies of each agreement, contract, lease, license, commitment commitment, or instrument of Company described on Schedule 4.14 other than those specifically identified on Schedule 4.14 as not having been delivered to which it is a party Buyer. Except as may be disclosed on Schedule 4.14, each of the Contracts described on Schedule 4.14 (collectively, the "CONTRACTS"“Contracts”) to date. The is in full force and effect, Company (i) has not received any notice of default and is not in default, in any respect (with due notice or lapse of time or both) under any Contract now in effect to which it is a party or by which either it or its respective property may be bound; (ii) has no present expectation or intention of not fully performing all of its obligations under each such Contract in all respects, and (iii) has no knowledge of any breach and has not received any written notice of any anticipated breach by the other party to any contract or commitment to which it that such Contract is a party. (c) The not in full force and effect, and Company has previously delivered to the Purchaser copies of all Contracts relating to any indebtedness of the Company to any lender in an amount in excess of Ten Thousand Dollars ($10,000.00), including, without limitation, the Contract relating to the Company's existing credit facility with Merr▇▇▇ ▇▇▇c▇ ▇▇▇iness Financial Services (the "SENIOR LENDER")not materially breached such Contract.