Common use of Acquired Assets and Excluded Assets Clause in Contracts

Acquired Assets and Excluded Assets. Subject to the terms and conditions of this Agreement, and on the basis of the representations and warranties hereinafter set forth, at the Closing, Seller is transferring, conveying, assigning and delivering to Apple, and Apple is acquiring from Seller, all of the tangible and intangible assets used by the Seller in the Business (whether or not included below), including the following assets, properties and rights of Seller (collectively, the "Acquired Assets"): (a) all inventories of finished products, work in process, raw materials, supplies and packing and shipping material (collectively, the "Inventory"); (b) all accounts receivable of the Seller immediately prior to the IPO Closing Date (the "Accounts Receivable"), except as described in Section 2.07; (c) all tools, equipment, machinery, dies, furniture, fixtures, store equipment, service equipment, computer equipment and leasehold improvements (the "Fixed Assets"); (d) all contracts and agreements listed in Section 2.01 of the Disclosure Statement under the heading "Contracts" (the "Contracts");

Acquired Assets and Excluded Assets. Subject to the terms and conditions of this Agreement, and on the basis of the representations and warranties hereinafter set forth, at the Closing, Seller the Owner is transferring, conveying, assigning and delivering to Apple, and Apple is acquiring from Sellerthe Owner, all of the tangible and intangible assets used by the Seller Owner in the Business (whether or not included below), including the following assets, properties and rights of Seller the Owner (collectively, the "Acquired Assets"): (a) all inventories of finished products, work in process, raw materials, supplies and packing and shipping material (collectively, the "Inventory"); (b) all accounts receivable of the Seller Owner immediately prior to the IPO Closing Date (the "Accounts Receivable"), except as described in Section 2.07; (c) all tools, equipment, machinery, dies, furniture, fixtures, store equipment, service equipment, computer equipment and leasehold improvements (the "Fixed Assets"); (d) all contracts and agreements listed in Section 2.01 of the Disclosure Statement under the heading "Contracts" (the "Contracts");

Acquired Assets and Excluded Assets. Subject to the terms and conditions of this Agreement, and on the basis of the representations and warranties hereinafter set forth, at the Closing, Seller the Owner is transferring, conveying, assigning and delivering to Apple, and Apple is acquiring from Sellerthe Owner, all of the tangible and intangible assets used by the Seller Owner in the Business (whether or not included below), including the following assets, properties and rights of Seller the Owner (collectively, the "Acquired Assets"): (a) all inventories of finished products, work in process, raw materials, supplies and packing and shipping material (collectively, the "Inventory"); (b) all accounts receivable of the Seller Owner immediately prior to the IPO Closing Date (the "Accounts Receivable"), except as described in Section 2.07;; 4 (c) all tools, equipment, machinery, dies, furniture, fixtures, store equipment, service equipment, computer equipment and leasehold improvements (the "Fixed Assets"); (d) all contracts and agreements listed in Section 2.01 of the Disclosure Statement under the heading "Contracts" (the "Contracts");