RESPECT TO OR TO DO ANY OF THE FOREGOING.
4.15
Contracts; No Defaults.
(A)
EXCEPT AS SET FORTH IN SCHEDULE 4.15, THE
COMPANY IS NOT PARTY TO ANY:
(I) AGREEMENT RELATING TO ANY BUSINESS ACQUISITION
BY OR OF THE COMPANY WITHIN THE LAST TWO YEARS, (II) COLLECTIVE BARGAINING
AGREEMENT OR CONTRACT WITH ANY LABOR UNION, (III) BONUS, PENSION, PROFIT
SHARING, RETIREMENT OR OTHER FORM OF DEFERRED COMPENSATION PLAN, WRITTEN OR
ORAL, OTHER THAN AS DESCRIBED IN SECTION 4.11 HEREOF OR THE SCHEDULES RELATING
THERETO, (IV) STOCK PURCHASE, STOCK OPTION OR SIMILAR PLAN, (V)
CONTRACT FOR
THE EMPLOYMENT OF ANY OFFICER, INDIVIDUAL EMPLOYEE OR OTHER INDIVIDUAL ON A FULL
TIME OR CONSULTING BASIS, WRITTEN OR ORAL, (VI) AGREEMENT OR INDENTURE RELATING
TO THE BORROWING OF MONEY OR TO MORTGAGING, PLEDGING OR OTHERWISE PLACING A LIEN
ON ANY PORTION OF THE COMPANY'S ASSETS, (VII) GUARANTY OF ANY OBLIGATION FOR
BORROWED MONEY OR OTHER GUARANTY, (VIII) LEASE OR AGREEMENT UNDER WHICH IT IS
LESSEE OF, OR HOLDS OR OPERATES ANY PERSONAL PROPERTY OWNED BY ANY OTHER PARTY,
FOR WHICH THE ANNUAL RENTAL EXCEEDS $10,000, (IX) LEASE OR AGREEMENT UNDER WHICH
IT IS LESSOR OF OR PERMITS ANY THIRD PARTY TO HOLD OR OPERATE ANY PROPERTY, REAL
OR PERSONAL, FOR WHICH THE ANNUAL RENTAL EXCEEDS $10,000, (X) CONTRACT OR GROUP
OF RELATED CONTRACTS WITH THE SAME PARTY FOR THE PURCHASE OF PRODUCTS OR
SERVICES, UNDER WHICH THE UNDELIVERED BALANCE OF SUCH PRODUCTS AND SERVICES HAS
A SELLING PRICE IN EXCESS OF $10,000 (OTHER THAN PURCHASE ORDERS ENTERED INTO IN
THE ORDINARY COURSE OF BUSINESS), (XI) CONTRACT OR GROUP OF RELATED CONTRACTS
WITH THE SAME PARTY FOR THE SALE OF PRODUCTS OR SERVICES UNDER WHICH THE
UNDELIVERED BALANCE OF SUCH PRODUCTS OR SERVICES HAS A SALES PRICE IN EXCESS OF
$10,000 (OTHER THAN PURCHASE ORDERS ENTERED INTO IN THE ORDINARY COURSE OF
BUSINESS), (XII) CONTRACT WHICH PROHIBITS THE COMPANY FROM FREELY ENGAGING IN
BUSINESS ANYWHERE IN THE WORLD, (XIII) CONTRACT WITH A REMAINING TERM OF IN
EXCESS OF 12 MONTHS WHICH CONTRACT CAN NOT BE TERMINATED BY THE COMPANY WITHOUT
LIABILITY ON NOTICE OF 30 DAYS OR LESS, (XIV) AGREEMENT, JOINT VENTURE OR OTHER
BUSINESS ARRANGEMENT WITH IMAX CORPORATION OR ANY AFFILIATE THEREOF, OR (XV)
AGREEMENT CONTAINING "MOST FAVORED NATIONS" OR OTHER PROVISIONS REQUIRING
ADJUSTMENT OF COST, PRICING, PRIORITY OR OTHER TERMS OR CONDITIONS OF THE
CONTRACT, OR PERFORMANCE OBLIGATIONS UNDER SUCH CONTRACT, IN RELATION TO (A) THE
TERMS OR CONDITIONS OF OTHER CONTRACTS OF THE COMPANY OR (B) THE PRICE OR OTHER
TERMS OR CONDITIONS FOR THE PROVISIONS OF SIMILAR SERVICES BY A THIRD PARTY.
(B)
DTS EITHER HAS BEEN SUPPLIED WITH, OR HAS
BEEN GIVEN ACCESS TO, A TRUE AND CORRECT COPY OF ALL WRITTEN CONTRACTS WHICH ARE
REFERRED TO ON SCHEDULE 4.15, TOGETHER WITH ALL MATERIAL AMENDMENTS, WAIVERS OR
OTHER CHANGES THERETO.
(C)
THE COMPANY IS NOT IN DEFAULT UNDER ANY
CONTRACT LISTED ON SCHEDULE 4.15.
18
(D)
THE PRODUCTS LICENSED, SOLD, LEASED AND
DELIVERED AND ALL SERVICES PROVIDED BY THE