Choses in Action. Any and all causes of action and claims of Seller arising out of or relating to transactions prior to the Closing Date, including, without limitation, claims for tax refunds; and
Choses in Action. All of Seller's Claims or right to Claims whether or not pending, threatened or presently contemplated, by Seller as of the Closing Date, except for any Claims related to the Excluded Assets referenced in Section 2.2 below;
Choses in Action. All rights or choses-in-action arising out of occurrences before or after the Closing, including all rights under
Choses in Action. Subject to Sections 12.04 and 12.09 of the Plan of Reorganization, all other choses in action of Seller of any kind against third parties; and
Choses in Action. Both pre-petition and post-petition litigation claims (i) to recover damages for breach of warranties with respect to any materials incorporated by Seller prior to the Closing into any of the inventory included in the Assets, (ii) to protect, defend or enforce any intellectual property rights included in the Assets, and (iii) to enforce any of the Purchase Orders or Contracts included in the Assets (collectively, the "Assigned Claims"), but expressly excluding the choses in action described in the definition of "Excluded Assets;"
Choses in Action. All rights or choses in action arising out of occurrences before or after the Effective Date, including without limitation, all rights under express or implied warranties relating to the Purchased Assets;
Choses in Action. All of Seller's Claims or right to Claims whether or not pending, threatened or presently contemplated, by Seller relating to, arising out of or in connection with the Business of the SMS Division as of the Initial Closing Date;
Choses in Action. All Choses In Action related to or arising out of any of the Assets listed on this Schedule or any sub-schedule attached hereto.
Choses in Action. No representation or warranty is being made by Seller under this Agreement with respect to Choses in Action, and said Choses in Action are sold in "as-is" condition.
Choses in Action. Each Grantor shall promptly notify the Trustee in writing upon obtaining a choses in action against any third party after the date hereof and promptly amend Schedule 5 to this Agreement, and do such other acts or things deemed reasonably necessary or desirable by the Trustee to give the Trustee a second-priority perfected security interest in any such choses in action;
