Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 11 contracts
Sources: Merger Agreement (Euniverse Inc), Merger Agreement (Amera Link Inc), Merger Agreement (Euniverse Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cr) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 8 contracts
Sources: Merger Agreement (Euniverse Inc), Merger Agreement (Euniverse Inc), Merger Agreement (Predictive Systems Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through and (cb) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 6 contracts
Sources: Merger Agreement (Ashford Com Inc), Agreement and Plan of Reorganization (Medicus Systems Corp /De/), Merger Agreement (Quadramed Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cp) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 5 contracts
Sources: Merger Agreement (SP Holding CORP), Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Endosonics Corp)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 4 contracts
Sources: Merger Agreement (Cisco Systems Inc), Agreement and Plan of Reorganization (Network Appliance Inc), Merger Agreement (Fullnet Communications Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 4 contracts
Sources: Agreement and Plan of Merger (Ellie Mae Inc), Merger Agreement (Tender Loving Care Health Care Services Inc/ Ny), Agreement and Plan of Merger and Reorganization (E-Medsoft Com)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 4 contracts
Sources: Merger Agreement (Saflink Corp), Merger Agreement (Crossroads Systems Inc), Stock Purchase Agreement (Spyglass Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cl) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Sources: Merger Agreement (Juma Technology Corp.), Merger Agreement (Sinobiopharma, Inc.), Merger Agreement (Innofone Com Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Sources: Merger Agreement (SP Holding CORP), Merger Agreement (Avant Corp), Merger Agreement (Avant Corp)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through and (cb) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 3 contracts
Sources: Merger Agreement (Best Buy Co Inc), Merger Agreement (Musicland Stores Corp), Merger Agreement (Best Buy Co Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(B)(a) through (c) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or and incorrect in any material respect or prevent it from performing or cause it not to perform any of its covenants hereunder.
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (Kroll Inc), Merger Agreement (Ontrack Data International Inc), Agreement and Plan of Reorganization (Kroll Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (I2 Technologies Inc), Share Purchase Agreement (Cisco Systems Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cw) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Sources: Merger Agreement (Cisco Systems Inc), Merger Agreement (Aironet Wireless Communications Inc), Merger Agreement (Cisco Systems Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above4.3, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 3 contracts
Sources: Merger Agreement (Parentech Inc), Merger Agreement (Parentech Inc), Agreement and Plan of Merger and Reorganization (Parentech Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through and (cb) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 2 contracts
Sources: Merger Agreement (Legato Systems Inc), Merger Agreement (Ontrack Data International Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (c5.1(s) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Goamerica Inc), Merger Agreement (Goamerica Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cy) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Active Voice Corp), Merger Agreement (Cisco Systems Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cv) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Netlibrary Inc), Merger Agreement (Cisco Systems Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Photo Control Corp), Merger Agreement (Ariba Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Novellus Systems Inc), Merger Agreement (Speedfam Ipec Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ck) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Amera Link Inc), Merger Agreement (Amera Link Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.1(a) through (cs) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Convio, Inc.), Merger Agreement (Convio, Inc.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Data Measurement Corp), Merger Agreement (Ess Technology Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cm) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Digitalpreviews Com Inc), Agreement and Plan of Reorganization (Intraop Medical Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cv) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Wachtel Harry M), Merger Agreement (Autoinfo Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (ck) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 2 contracts
Sources: Strategic Business Combination Agreement (Steag Electronic Systems GMBH), Strategic Business Combination Agreement (Mattson Technology Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cd) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Innofone Com Inc), Merger Agreement (I2 Technologies Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a)(i) through (cxxi) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Ophthalmic Imaging Systems Inc), Merger Agreement (Premier Laser Systems Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ct) above, above or otherwise take any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants obligations hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Cash Systems Inc), Merger Agreement (Global Cash Access Holdings, Inc.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cu) above, above or otherwise take any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants obligations hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Bea Systems Inc), Merger Agreement (Plumtree Software Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.1(a) through and (cb) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 2 contracts
Sources: Acquisition Agreement (Quadramed Corp), Acquisition Agreement (Resource Health Partners Lp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4. 1 (a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Paypal Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1((a)) through and (c(b)) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Cybercash Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (c) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.3(a) through (cm) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the ----- actions described in Sections 4.1(a5.1(a) through and (cb) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Genesys Telecommunications Laboratories Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cSection 5.2(a) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, ----- any of the actions described in Sections 4.1(a4.2(a) through (cv) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Gasonics International Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a10.2(a) through (cl) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, take (i) any of the actions described in Sections 4.1(a5.1(a) through (c) abovew), or (ii) any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or could prevent it from performing or cause it not to perform its covenants and obligations hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Ashford Com Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1 (a) through (cs) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Sources: Stock Purchase Agreement (Emcon)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder or which could reasonably be expected to have a Material Adverse Effect on Target.
Appears in 1 contract
Other. Take, Voluntarily or intentionally take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Ariba Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the ----- actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Kana Communications Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a7.1(a) through (cd) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cq) above, or any action which would make any of its representations warranties, covenants or warranties agreements contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Amalgamation (Avesta Technologies Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above, or any action which would make any of its representations or warranties contained in this Agreement that are expressly qualified as to materiality untrue or incorrect in any respect as so qualified, or as to those representations or warranties contained in this Agreement that are not so qualified, take any action that would cause such representations or warranties to be untrue or incorrect in any material respect, or prevent it from performing or cause it not to perform any of its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (PDF Solutions Inc)
Other. Take, Take or agree in writing or otherwise to take, take any of the actions described in Sections 4.1(a6.1(b)(i) through (cxviii) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.4(a) through (c4.4(s) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (PMR Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in this Sections 4.1(a6.2(a) through (cm) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Motient Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cs) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Invvision Capital Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (ct) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Merger and Reorganization (724 Solutions Inc)
Other. Take, Take or agree in writing or otherwise to take, take (i) any of the actions described in Sections 4.1(a5.1(a) through (c) abovew), or (ii) any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or could prevent it from performing or cause it not to perform its covenants and obligations hereunder.
Appears in 1 contract
Sources: Stock Purchase Agreement (Mercer Insurance Group Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through or (cb) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.2(a) through (cl) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Membership Interest Purchase Agreement (Global Services Partners Acquisition Corp.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cq) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (cp) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Sigmatel Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (c) above4.2, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a7.02(a) through (cl) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Global Services Partners Acquisition Corp.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Micromuse Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the ----- actions described in Sections 4.1(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Vignette Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(aSubsections 5.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Stratasys Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(i) through (cxx) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 1 contract
Sources: Merger Agreement (Ods Networks Inc)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.03(a) through (c) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderhereunder in any material respect.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.1(c)(i) through (cxviii) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Sources: Share Purchase Agreement (Cohu Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(ay5.2(a) through (cy(s) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Wireless Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a6.1(a) through (cv) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunderhereunder other than actions taken in the ordinary course of business.
Appears in 1 contract
Other. Take, or agree Agreed in writing or otherwise to take, take any of the actions described in Sections 4.1(a2.14(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cq) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cm) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Recapitalization (Gateway Industries Inc /De/)
Other. Take, Take or agree in writing or otherwise to take, take any of the actions described in Sections 4.1(a4.2(a) through (cr) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Ashford Com Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (ct) above, or any action which would make any cause a breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Nexprise Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cr) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2(a) through (cv) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Novellus Systems Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(asubsections (a) through (cy) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(aSECTIONS 4.2(a) through (cs) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Hoovers Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the ----- actions described in Sections 4.1(a4.2(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a7.2(a) through (cp) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
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Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cq) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (ARGON ST, Inc.)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cs) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, or agree Agree in writing or otherwise to take, take any of the actions described in Sections 4.1(a) through (cs) above, or take or agree to take any action which would make any cause a breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform perform, in all material respects, its covenants hereunder.
Appears in 1 contract
Sources: Stock and Asset Purchase Agreement (Mattson Technology Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (cs) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cw) above, or any action which that would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunderand agreements in this Agreement or cause any condition to Acquiror's closing obligations in Section 6.1 or Section 6.3 not to be satisfied.
Appears in 1 contract
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (c) above, or any action which would make any of its representations warranties, covenants or warranties agreements contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Agreement and Plan of Amalgamation (Avesta Technologies Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.2 (a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Sources: Acquisition Agreement (Covad Communications Group Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(aSection 5.1(a) through (cs) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Maxygen Inc)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(c)(i) through (cxvix) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Qualcomm Inc/De)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (cu) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform its covenants hereunderand agreements in this Agreement in any material respect or cause any condition to Acquiror's closing obligations in Section 7.1 or Section 7.3 not to be satisfied.
Appears in 1 contract
Sources: Merger Agreement (Valueclick Inc/Ca)
Other. Take, Take or agree in writing or otherwise to take, take any of the actions described in Sections 4.1(a5.2(a) through (cm) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect in any material respect or prevent it from performing or cause it not to perform delay its performance of its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (COMMITTED CAPITAL ACQUISITION Corp)
Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
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Other. Take, or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a) through (cd) above, or any action which would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a4.1(b)(i) through (cxix) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.2(a) through (cr) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Sources: Merger Agreement (Green Dot Corp)
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.3(a) through (cd) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through (cr) above, or any action which that would make any cause a material breach of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from materially performing or cause it not to materially perform its covenants hereunder.
Appears in 1 contract
Other. Take, Take or agree in writing or otherwise to take, any of the actions described in Sections 4.1(a5.1(a) through and including (ct) above, or any action which would make any of its representations or warranties contained in this Agreement untrue or incorrect or prevent it from performing or cause it not to perform its covenants hereunder.
Appears in 1 contract