Common use of Material Contracts, Etc Clause in Contracts

Material Contracts, Etc. Save as referenced in Schedule 4 , there is not outstanding: (a) any agreement or arrangement between any of the Companies and a major distributor, supplier or customer of any of the Companies; (b) any joint venture, franchise, consortium or partnership agreement or arrangement to which any of the Companies is a party; (c) any sale or purchase option or similar agreement or arrangement affecting any assets owned or used by any of the Companies or by which it is bound; (d) any liability, obligation or commitment of any kind on the part of any of the Companies (including a capital commitment) which: (i) is incapable of complete performance within three months from the date of the Agreement; or (ii) has not been incurred in the ordinary course of business; or (iii) is, or is likely to be, of major significance to any of the Companies; (e) any offer or tender or the like given or made by any of the Companies which is still outstanding and capable of giving rise to a contract by the unilateral act of a third party; or (f) any arrangement for receipt or repayment of any grant, subsidy or financial assistance from any government department or other body.

Appears in 1 contract

Sources: Share Sale and Purchase Agreement (NewLead Holdings Ltd.)

Material Contracts, Etc. Save as referenced in Schedule 4 3, there is not outstanding: (a) any agreement or arrangement between any of the Companies and a major distributor, supplier or customer of any of the Companies; (b) any joint venture, franchise, consortium or partnership agreement or arrangement to which any of the Companies is a party; (c) any sale or purchase option or similar agreement or arrangement affecting any assets owned or used by any of the Companies or by which it is bound; (d) any liability, obligation or commitment of any kind on the part of any of the Companies (including a capital commitment) which: (i) is incapable of complete performance within three months from the date of the Agreement; or (ii) has not been incurred in the ordinary course of business; or (iii) is, or is likely to be, of major significance to any of the Companies; (e) any offer or tender or the like given or made by any of the Companies which is still outstanding and capable of giving rise to a contract by the unilateral act of a third party; or (f) any arrangement for receipt or repayment of any grant, subsidy or financial assistance from any government department or other body.

Appears in 1 contract

Sources: Share Sale and Purchase Agreement (NewLead Holdings Ltd.)