ASSETS NOT PURCHASED. Buyer shall not purchase any consigned merchandise or layaway items.
ASSETS NOT PURCHASED. Notwithstanding Section 2.1, Seller shall not sell, and Buyer shall not acquire any interest in, any of the following (collectively, the "Excluded Assets"):
ASSETS NOT PURCHASED. BY BUYER Unless otherwise agreed by the parties in writing, Buyer shall not purchase the following: (i) consigned merchandise; (ii) merchandise held in layaway; (iii) merchandise which is damaged, shopworn, faded (including faded labels) or subject to visible deterioration; (iv) merchandise which, in Buyer's reasonable opinion, is unsalable because it is obsolete, its expiration date has expired or it has been discontinued by the manufacturer; (v) seasonal merchandise; or (vi) prescription merchandise more than 30 days old or prescription merchandise or over-the-counter drugs which are (a) in a partially filled container with a date which will expire within 90 days of the closing date; or (b) in a full, sealed container with a date which is expired; (vii) all third party insurance receivables for services rendered on or before Closing Date.
ASSETS NOT PURCHASED. BY BUYER Unless otherwise agreed by the parties in writing, Buyer shall not purchase the following: (i) consigned merchandise; (ii) merchandise held in layaway; (iii) merchandise which is damaged; (iv) merchandise which is unsalable because its expiration date has expired; or (v) prescription merchandise expiring within 30 days or prescription merchandise or over-the-counter drugs which are (a) in a partially filled container with a date which will expire within 30 days of the closing date; or (b) in a full, sealed container with a date which is expired; (vi) all accounts receivable for services rendered on or before closing, including, but not limited to, third party insurance receivables, individual charge account receivables, and Worker's Compensation receivables; and Seller's full interest in a class action lawsuit brought against certain pharmaceutical companies based on claims of anti-trust and other legal violations, which lawsuit is currently pending.
ASSETS NOT PURCHASED. Anything in this Agreement notwithstanding, Seller shall not grant, bargain, sell, transfer, assign, convey or deliver, and Buyer shall not acquire, accept assignment or transfer of or receive any interest in, any of the assets of Seller or its Affiliates other than the Purchased Assets (the "Excluded Assets"). The Excluded Assets include the following:
ASSETS NOT PURCHASED. Notwithstanding anything to the contrary herein contained, there is hereby expressly excluded from the assets of Seller which are being sold, transferred or purchased hereunder the following:
ASSETS NOT PURCHASED. Seller shall not sell, and Buyer shall not acquire any interest in, any of Seller's assets not transferred pursuant to Section 1.1. Such assets shall remain the property of Seller, and Buyer shall have no liability or other responsibility with respect thereto. 1.3
ASSETS NOT PURCHASED. Notwithstanding Section 1.1, Company shall not sell, and Buyer shall not acquire any interest in, any of Company’s assets listed on Schedule 1.2. Such assets shall remain the property of Company and Buyer shall have no liability or other responsibility with respect thereto except as otherwise set forth herein.
ASSETS NOT PURCHASED. BY BUYER Unless otherwise agreed by the parties in writing, Buyer shall not purchase the following: (i) consigned merchandise; (ii) merchandise held in layaway; (iii) merchandise which is damaged, shopworn, faded (including faded labels) or subject to visible deterioration; (iv) merchandise which, in Buyer's reasonable opinion, is unsalable because it is obsolete, its expiration date has expired or it has been discontinued by the manufacturer; (v) out of date unsalable; (vii) all third party insurance receivables for services rendered on or before Closing Date.
ASSETS NOT PURCHASED. Except for the Assets and the rights specifically set forth in Sections 1.2 and 1.3 above, Seller specifically does not agree to sell, assign or otherwise convey to Purchaser any other assets or properties, all of which other assets and properties shall remain the sole property of Seller, including without limitation, the following assets and properties:
