Common use of Acquired Assets Subject to Agreement Clause in Contracts

Acquired Assets Subject to Agreement. Effective as of the Closing and upon the terms and subject to the conditions of this Agreement, Seller shall sell, assign, transfer, convey and deliver to Buyer, and Buyer shall purchase, assume and acquire from Seller, all right, title and interest in, to and under the Acquired Assets (as defined hereafter) as the same shall exist at the Closing Time. “Acquired Assets” shall mean, at the Closing Time, all properties, assets and rights of Seller, tangible and intangible, of every kind, nature and description, whether real, personal or mixed, that are used by Seller or held for use by Seller in the Business (in each case, other than the Excluded Assets) including:

Acquired Assets Subject to Agreement. Effective as of the applicable Closing and upon the terms and subject to the conditions of this Agreement, Seller shall sell, assign, transfer, convey and deliver to Buyer, and Buyer shall purchase, assume and acquire from Seller, all right, title and interest in, to and under the Acquired Assets (as defined hereafter) as the same shall exist at the Closing TimeTime for the applicable System. “Acquired Assets” shall mean, as to the System or Systems that are being conveyed to Buyer at the such Closing Time, all properties, assets and rights of Sellerrights, tangible and intangible, of every kind, nature and description, whether real, personal or mixed, that are used by Seller or held for use by Seller in the Business (in each case, other than the Excluded Assets) including:

Acquired Assets Subject to Agreement. Effective as of the Closing and upon the terms and subject to the conditions of this Agreement, Seller shall sell, assign, transfer, convey and deliver to Buyer, and Buyer shall purchase, assume and acquire from Seller, all right, title and interest in, to and under the Acquired Assets (as defined hereafter) as the same shall exist at the Closing Time. “Acquired Assets” shall mean, at the Closing Time, all properties, assets and rights of Sellerrights, tangible and intangible, of every kind, nature and description, whether real, personal or mixed, that are owned, leased or used by Seller or held for use by Seller in the Business (in each case, other than the Excluded Assets) ), in which Seller or any Affiliate of Seller has any right, title or interest or acquires any right, title or interest on or before the Closing Date, including: