Common use of Material Customers Clause in Contracts

Material Customers. The Company has provided the Underwriter with copies of all customer agreements for the top two (2) customers by revenue for the trailing twelve (12) month period. Except as would not have a Material Adverse Effect, unless otherwise disclosed to the Underwriter: (A) none of those customers has terminated, or to the Company’s knowledge threatened to terminate, its relationship with, or materially reduced, or to the Company’s knowledge threatened to materially reduce, its purchases from the Company or one of its Subsidiaries (as applicable); (B) each such contract is valid and binding on the Company or Subsidiary that is a party thereto and, to the Company’s knowledge, each other party thereto; (C) each such contract is in full force and effect and enforceable by the Company in accordance with its terms, except to the extent enforceability may be subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws, now or hereafter in effect, relating to creditors’ rights generally, and to general equitable principles; (iv) the FatPipe Parties and, to the Company’s knowledge, each other party thereto, have performed and complied in all material respects with all obligations required to be performed or complied with by them under each such contract; and (D) there is no default under any such contract by the FatPipe Parties or, to the Company’s knowledge, by any other party, and no event has occurred that with the lapse of time or the giving of notice or both would constitute a default thereunder by the FatPipe Parties or, to the Company’s knowledge, by any other party thereto.