Assumed Agreement definition

Assumed Agreement means an Executory Contract or Unexpired Lease which has been assumed by the Debtors.

Assumed Agreement means an Executory Contract or Unexpired Lease which has been assumed by the Debtors either pursuant to the terms of the Plan or pursuant to an order of the Bankruptcy Court.

Assumed Agreement means a contract, lease, or other agreement listed onExhibit E.

Examples of Assumed Agreement in a sentence

• Complete and correct copies of each Assigned and Assumed Agreement (including all modifications, amendments and supplements thereto and waivers thereunder) have been made available to Emerson.

• To the Knowledge of Marlboro, each Assigned and Assumed Agreement is enforceable against the applicable counterparty and subject to obtaining any necessary consents or delivering any necessary notices as set forth in Section 15iii of Marlboro’s Disclosure Schedule will continue to be enforceable and in full force and effect following the consummation of this transaction.

• In response to the previous discussion, NIH had solicited COGR comments on the DEC Chapter (Chapter No. 607) and we provided comments in September.

• There are no material disputes made by or against Marlboro pending or threatened under any Assigned and Assumed Agreement.

• Marlboro has not caused any event or circumstance to occurred that, with notice or lapse of time or both, would constitute an event of default by Marlboro under any Assigned and Assumed Agreement or result in a termination thereof or would cause or permit the acceleration or other changes of any right or obligation or the loss of any benefit thereunder.

• Marlboro is not (and to Marlboro’s Knowledge no other party is) in breach of or default under (or is alleged to be in breach of or default under), or has provided or received any notice of any intention to terminate, any Assigned and Assumed Agreement.

• The failure of the Debtors or the Purchaser to enforce at any time one or more terms or conditions of any Assumed Agreement shall not be a waiver of such terms or conditions, or of the Debtors' and the Purchaser's rights to enforce every term and condition of the Assumed Agreements.

• No Assumed Agreement may be terminated, or the rights of any party modified in any respect, including pursuant to any "change of control" clause, by any other party thereto as a result of the transactions contemplated by the Purchase Agreement.

• In accordance with the Contract Procedures, the Assumed Agreements shall be transferred to, and remain in full force and effect for the benefit of, the Purchaser in accordance with their respective terms, notwithstanding any provision in any such Assumed Agreement (including those of the type described in sections 365(e)(1) and (f) of the Bankruptcy Code) that prohibits, restricts or conditions such assignment or transfer.

• Upon the execution and delivery hereof, the Operating Partnership absolutely and unconditionally accepts the foregoing assignment of each Contributed Asset and Assumed Agreement and assumes all Assumed Liabilities in respect of the Assumed Agreements, and agrees to be bound by the terms, conditions and covenants thereof, and to perform all duties and obligations of the Contributor thereunder from and after the date hereof.

More Definitions of Assumed Agreement

Assumed Agreement has the meaning set forth in the applicable “Third Party Agreements” Schedule. Audit means collectively and individually, Customer Audits, Provider Audits, and Regulatory Audits. Authorized Recipients means, individually and collectively: (i) any joint venture in which Customer Group has an ownership interest; (ii) Third Parties to whom Customer Group provides products, services or information, or access rights thereto, or to whom Customer Group is otherwise contractually obligated; and (iii) Third Parties from whom Customer Group receives products, services or information, or access rights thereto, or that are otherwise contractually obligated to Customer Group, to the extent access to or use of the Services is necessary for those Third Parties to provide products, services, information or access rights, or perform their obligations, to Customer Group. Authorized Third Parties has the meaning set forth in the “Privacy Requirements” Exhibit.

Assumed Agreement means a contract, lease, or other agreement listed on Exhibit G.

Assumed Agreement means an Executory Contract or Unexpired Lease which has been assumed or deemed assumed by the Debtor.

Assumed Agreement means any Assumed Contract identified on Schedule 1.1(c) of the APA, set forth on Exhibit A.

Assumed Agreement has the meaning set forth in Section 10.9(b) hereof.