Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 71 contracts
Sources: Agreement and Plan of Merger (Ellie Mae Inc), Agreement and Plan of Reorganization (Zygo Corp), Merger Agreement (ARGON ST, Inc.)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;
Appears in 33 contracts
Sources: Stock Purchase Agreement (PDF Solutions Inc), Acquisition Agreement (Autobytel Inc), Acquisition Agreement (Autobytel Inc)
Revaluation. Revalue any of its assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 12 contracts
Sources: Agreement and Plan of Reorganization (Vignette Corp), Acquisition Agreement (Autoweb Com Inc), Agreement and Plan of Reorganization (Vignette Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in generally accepted accounting principles; or
Appears in 7 contracts
Sources: Merger Agreement (Convio, Inc.), Merger Agreement (Convio, Inc.), Merger Agreement (Pure Biofuels Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP.
Appears in 6 contracts
Sources: Merger Agreement (INPHI Corp), Share Purchase Agreement (Codex DNA, Inc.), Share Purchase Agreement (Cohu Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable Receivables other than in the ordinary course of business; or;
Appears in 5 contracts
Sources: Merger Agreement, Merger Agreement (NXT-Id, Inc.), Stock Purchase Agreement (Intercloud Systems, Inc.)
Revaluation. Revalue any of its assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;
Appears in 5 contracts
Sources: Agreement and Plan of Reorganization (Sandpiper Networks Inc), Agreement and Plan of Reorganization (Digital Island Inc), Agreement and Plan of Reorganization (Digital Island Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as may be required by GAAP or the Exchange Act;
Appears in 4 contracts
Sources: Merger Agreement (Saba Software Inc), Merger Agreement (Nptest Holding Corp), Merger Agreement (Centra Software Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP;
Appears in 4 contracts
Sources: Stock Purchase Agreement (EPIRUS Biopharmaceuticals, Inc.), Stock Purchase Agreement (Chyron Corp), Merger Agreement (Nuvasive Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business, consistent with past practice; or
Appears in 4 contracts
Sources: Purchase Agreement (Us Dry Cleaning Corp), Merger Agreement (Pixelworks Inc), Merger Agreement (Us Dry Cleaning Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in GAAP; or
Appears in 4 contracts
Sources: Merger Agreement (Adventrx Pharmaceuticals Inc), Agreement and Plan of Reorganization (Sigmatel Inc), Agreement and Plan of Reorganization (Packeteer Inc)
Revaluation. Revalue Other than in the ordinary course of business, revalue any of its material assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessreceivable; or
Appears in 3 contracts
Sources: Merger Agreement (Best Buy Co Inc), Merger Agreement (Musicland Stores Corp), Merger Agreement (Best Buy Co Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by generally accepted accounting principles; or
Appears in 3 contracts
Sources: Merger Agreement (Maxygen Inc), Merger Agreement (Predictive Systems Inc), Agreement and Plan of Reorganization (Predictive Systems Inc)
Revaluation. Revalue any of its assets, including without limitation ----------- writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;
Appears in 3 contracts
Sources: Merger Agreement (Credence Systems Corp), Merger Agreement (Integrated Measurement Systems Inc /Or/), Merger Agreement (Credence Systems Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or in connection with the audit of its results for the period ending December 31, 2001 or the review of the Closing Balance Sheet; or
Appears in 3 contracts
Sources: Merger Agreement (Euniverse Inc), Merger Agreement (Euniverse Inc), Merger Agreement (L90 Inc)
Revaluation. Revalue any of its assets, including without limitation ----------- writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by US GAAP.
Appears in 3 contracts
Sources: Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Convertible Note and Warrant Purchase Agreement (Rapidtron Inc), Unit Purchase Agreement (Rapidtron Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orreceivable;
Appears in 3 contracts
Sources: Merger Agreement (Intercontinental Exchange, Inc.), Merger Agreement (Quantum Corp /De/), Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by applicable law or regulations; or
Appears in 2 contracts
Sources: Strategic Business Combination Agreement (Steag Electronic Systems GMBH), Strategic Business Combination Agreement (Mattson Technology Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course Ordinary Course of business; orBusiness or as required by changes in Indian GAAP.
Appears in 2 contracts
Sources: Share Subscription Agreement (Millennium India Acquisition CO Inc.), Share Subscription Agreement (Millennium India Acquisition CO Inc.)
Revaluation. Revalue any of its assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course of business; orbusiness or as required by applicable law, rule or regulation;
Appears in 2 contracts
Sources: Merger Agreement (E Trade Group Inc), Merger Agreement (E Trade Group Inc)
Revaluation. Revalue any of its assetsassets for financial accounting ----------- purposes, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 2 contracts
Sources: Purchase Agreement (Naviant Inc), Purchase Agreement (Naviant Inc)
Revaluation. Revalue any of its assets, ----------- including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;
Appears in 2 contracts
Sources: Merger Agreement (DentalServ.com), Agreement and Plan of Merger (DentalServ.com)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness except as required by GAAP;
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Tandy Corp /De/), Agreement and Plan of Reorganization (Amerilink Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or, consistent with past practice;
Appears in 2 contracts
Sources: Merger Agreement (Flir Systems Inc), Agreement and Plan of Merger (Con-Way Inc.)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in GAAP; or
Appears in 2 contracts
Sources: Merger Agreement (Silicon Laboratories Inc), Merger Agreement (Silicon Laboratories Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness consistent with past practice;
Appears in 2 contracts
Sources: Merger Agreement (Old Guard Group Inc), Stock Purchase Agreement (Mercer Insurance Group Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by GAAP; or
Appears in 2 contracts
Sources: Merger Agreement (Bea Systems Inc), Merger Agreement (Plumtree Software Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of or inventory or writing off notes or accounts receivable other than in the ordinary course Ordinary Course of businessBusiness; or
Appears in 2 contracts
Sources: Stock Purchase Agreement (Aig Latin America Equity Partners LTD), Stock Purchase Agreement (Brazil Fast Food Corp)
Revaluation. Revalue any of its assetsthe Acquired Assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable inventory, other than in the ordinary course of business; or
Appears in 2 contracts
Sources: Asset Purchase Agreement (Genesis Group Holdings Inc), Asset Purchase Agreement (Genesis Group Holdings Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in generally accepted accounting principles; or
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Netratings Inc), Agreement and Plan of Reorganization (Netratings Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by GAAP; or
Appears in 2 contracts
Sources: Merger Agreement (Cash Systems Inc), Merger Agreement (Global Cash Access Holdings, Inc.)
Revaluation. Revalue any of its material assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 2 contracts
Sources: Merger Agreement (Legato Systems Inc), Merger Agreement (Ontrack Data International Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by GAAP;
Appears in 1 contract
Sources: Merger Agreement (Sigmatel Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course Ordinary Course of businessBusiness or as required by GAAP; or
Appears in 1 contract
Sources: Merger Agreement (Mdsi Mobile Data Solutions Inc /Can/)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in GAAP, or make any change in its accounting principles, practices or methods, except as required by Applicable Law or GAAP; or
Appears in 1 contract
Revaluation. Revalue any of its the Company’s assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 1 contract
Sources: Option and Purchase Agreement (Netfabric Holdings, Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP or Applicable Law.
Appears in 1 contract
Sources: Merger Agreement (Nuvasive Inc)
Revaluation. Revalue revalue any of its assets, including including, without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessreceivable; or
Appears in 1 contract
Sources: Merger Agreement (Google Inc.)
Revaluation. Revalue any of its assets, including including, without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course of business; or;
Appears in 1 contract
Sources: Merger Agreement (Cytyc Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness and consistent with past practice, or as required by applicable law or regulations;
Appears in 1 contract
Sources: Stock and Asset Purchase Agreement (Mattson Technology Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by GAAP other than because of a voluntary action by Target or any of its subsidiaries;
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Ask Jeeves Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course Ordinary Course of business; orBusiness;
Appears in 1 contract
Sources: Merger Agreement (Stratasys Inc)
Revaluation. Revalue Revalued any of its assets, including including, without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessreceivable; or
Appears in 1 contract
Revaluation. Revalue revalue any of its assetsthe Purchased Assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessreceivable; or
Appears in 1 contract
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course Ordinary Course of business; orBusiness;
Appears in 1 contract
Sources: Merger Agreement (Intermec, Inc.)
Revaluation. Revalue in any material respect any of its assets, including without limitation writing down the value of inventory or writing off down notes or accounts receivable receivable, other than in the ordinary course of business; orbusiness consistent with past practice or as may be consistent with GAAP.
Appears in 1 contract
Sources: Merger Agreement (Phazar Corp)
Revaluation. Revalue any of its assetsmaterial assets including, including without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 1 contract
Revaluation. Revalue any of its assetsassets including, including without limitation limitation, writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 1 contract
Sources: Merger Agreement (SDL Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness consistent with past practice; or
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Ashford Com Inc)
Revaluation. Revalue any of its assetsthe Assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 1 contract
Revaluation. Revalue any of its their assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or, consistent with past practice;
Appears in 1 contract
Sources: Business Acquisition Agreement (China Medical Technologies, Inc.)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;
Appears in 1 contract
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course of business; or
Appears in 1 contract
Sources: Merger Agreement (Micromuse Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in generally accepted accounting principles;
Appears in 1 contract
Revaluation. Revalue any of its assets, including ----------- without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or;
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Gasonics International Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable receivable, other than in the ordinary course of business; orbusiness or as required by applicable law, rule or regulation;
Appears in 1 contract
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or
Appears in 1 contract
Sources: Merger Agreement (Paypal Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in GAAP or Target’s auditors and in accordance with GAAP; or
Appears in 1 contract
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required under GAAP.
Appears in 1 contract
Sources: Equity Purchase Agreement (Electronics for Imaging Inc)
Revaluation. Revalue any of its assets, including without ----------- limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by US GAAP.
Appears in 1 contract
Sources: Convertible Note and Warrant Purchase Agreement (Rapidtron Inc)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; orbusiness or as required by changes in GAAP.
Appears in 1 contract
Sources: Merger Agreement (Green Dot Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of business; or, or as required by GAAP;
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Virage Logic Corp)
Revaluation. Revalue any of its assets, including without limitation writing down the value of inventory or writing off notes or accounts receivable other than in the ordinary course of businessbusiness or as required by changes in generally accepted accounting principles; or
Appears in 1 contract