Common use of Availability of Assets Clause in Contracts

Availability of Assets. (a) Except as set forth in SCHEDULE 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in the Business (including all books, records, computers and computer programs and data processing systems) used primarily in the Business and are in good condition (subject to normal wear and tear) and serviceable condition and are suitable for the uses for which intended.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Streamline Com Inc), Asset Purchase Agreement (Peapod Inc)

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Availability of Assets. (a) Except as set forth in SCHEDULE Schedule 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in the Business (including all books, records, computers and computer programs and data processing systems) and are in serviceable condition and are suitable for the uses for which intended and the material assets used primarily in the Business and are in good condition (subject to normal wear and tear) and serviceable condition and are suitable for the uses for which intended).

Appears in 1 contract

Samples: Asset Purchase Agreement (Generac Holdings Inc.)

Availability of Assets. (a) Except as set forth in SCHEDULE Schedule 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in the Business (including all books, records, computers and computer programs and data processing systems) used primarily in the Business and are in good condition (subject to normal wear and tear) and serviceable condition and are suitable for the uses for which intended.

Appears in 1 contract

Samples: Asset Purchase Agreement (Navigant Consulting Inc)

Availability of Assets. (a) Except as set forth in SCHEDULE Schedule 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in used, or held for use in, or otherwise relating to the Business (including including, but not limited to, all books, records, computers and computer programs and data processing systems) used primarily in ). Each tangible asset of the Business and are has been maintained in accordance with normal industry practice, is in good operating condition and repair (subject to normal wear and tear) ), and serviceable condition and are is suitable for the uses purposes for which intendedit presently is used and presently is proposed to be used.

Appears in 1 contract

Samples: Asset Purchase Agreement (Isolyser Co Inc /Ga/)

Availability of Assets. (a) Except as set forth in SCHEDULE 5.8 and except for the Excluded Assets, the Purchased Assets Assets, together with the services described in Schedule 4.8(b), constitute all the assets used primarily in necessary for the conduct of the Business as currently conducted by Seller (including all books, records, equipment, parts, computers and computer programs and data processing systems) used primarily in the Business and are in good condition (subject to normal wear and tear) and serviceable condition (subject to routine maintenance) and to Seller’s belief are reasonably suitable for the uses for which intendedcurrently used by Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Orbotech LTD)

Availability of Assets. (a) Except as set forth in SCHEDULE 5.8 Schedule 5.10(A) and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily or held for use by Sellers in the Business (including all books, records, computers and computer programs and data processing systems) used primarily in the Business and are in good condition (subject to normal wear and tear) and serviceable condition and are suitable for the uses for which intended), as currently conducted.

Appears in 1 contract

Samples: Asset Purchase Agreement (McGrath Rentcorp)

Availability of Assets. (a) Except as set forth in SCHEDULE 5.8 and except for the Excluded AssetsSchedule 1.29, the Purchased Assets constitute all the assets used primarily in the Business (including including, but not limited to, all books, records, computers and computer programs and data processing systems) used primarily in ), except for any such assets the Business and are in good condition (subject failure of which to normal wear and tear) and serviceable condition and are suitable for have would not have a material adverse effect on the uses for which intendedBuyer's ability to operate the Business.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cadmus Communications Corp/New)

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Availability of Assets. (a) Except as set forth in SCHEDULE Schedule 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in the Business (including all books, records, computers and computer programs and data processing systems) used primarily in the Business and are in good condition (subject to normal wear and tear) and serviceable condition and are suitable for the uses for which intended.

Appears in 1 contract

Samples: Asset Purchase Agreement (Navigant Consulting Inc)

Availability of Assets. (a) Except as set forth in SCHEDULE Schedule 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in the Business (including all books, records, computers and computer programs and data processing systems) used primarily in the Business and and, taken as a whole, are in good operating condition and repair (subject to normal wear and tear) and serviceable condition and are are, to the Knowledge of Sellers, suitable for the uses for which intendedthey are being used.

Appears in 1 contract

Samples: Employment Agreement (Continucare Corp)

Availability of Assets. (a) Except as set forth in SCHEDULE Schedule 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in the Business (including all books, records, computers and computer programs and data processing systems) used primarily , other than those included in the Business Excluded Assets) and are in good operating condition and repair (subject to normal wear and tear) and serviceable condition and are suitable for the uses for which intendedthey are being used.

Appears in 1 contract

Samples: Asset Purchase Agreement (Navigant International Inc)

Availability of Assets. (a) Except as set forth in SCHEDULE 5.8 5.7 and except for the Excluded Assets, the Purchased Assets constitute substantially all the assets used primarily in the Business (including including, but not limited to, all books, records, computers and computer programs and data processing systems) , but specifically excepting computers, software, and business information systems used primarily generally by Seller in its other business activities which are also used to support the Business Business), and are in good condition (subject to normal wear and tear) and serviceable condition and are suitable for the uses for which intended).

Appears in 1 contract

Samples: Asset Purchase Agreement (SBS Technologies Inc)

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