M&A Boot Camp booklet 2023 - Flipbook - Page 113
(o) Personal Data. Part 2.10(o) of the Disclosure Schedule identifies and describes each distinct electronic or other database containing
(in whole or in part) Personal Data maintained by or for the Company at any time (the “Company Databases”), the types of Personal Data in
each such database, and the security policies that have been adopted and maintained with respect to each such database. There has been no
unauthorized or illegal use of or access to any of the data or information in any of the Company Databases.
(p) Products Subject to Evaluation. Part 2.10(p) of the Disclosure Schedule identifies each Person that, as of the date of this
Agreement, is in possession of any product of the Company for evaluation or similar purposes, together with the product that is being so
evaluated.
2.11 Contracts.
(a) List of Contracts. Part 2.11(a) of the Disclosure Schedule accurately identifies:
(i) (A) each Company Contract relating to the employment of, or the performance of services by, any Company Employee;
(B) any Company Contract pursuant to which the Company is or may become obligated to make any severance, termination or similar
payment to any Company Employee; and (C) any Company Contract pursuant to which the Company is or may become obligated to
make any bonus or similar payment (other than payment in respect of salary) to any Company Employee;
(ii) each Company Contract which provides for indemnification of any officer, director, employee or agent;
(iii) each Company Contract relating to the voting and any other rights or obligations of a stockholder of the Company;
(iv) each Company Contract relating to the merger, consolidation, reorganization or any similar transaction with respect to the
Company;
(v) each Company Contract relating to the acquisition, transfer, development or licensing of any technology, Intellectual Property
or Intellectual Property Right (including any joint development agreement, technical collaboration agreement or similar agreement
entered into by the Company);
(vi) each Company Contract relating to the license of any patent, copyright, trade secret or other Intellectual Property or
Intellectual Property Right: (A) to the Company; or (B) other than object code licenses entered into in the ordinary course of business
consistent with past practices as part of any sale of products by the Company, from the Company;
(vii) each Company Contract relating to the hosting of any website of the Company;
(viii) each Company Contract relating to the advertising or promotion of the business of the Company or pursuant to which any
third parties advertise on any websites operated by the Company;
23.