Equipment and Vehicles. (a) Schedule 4.8(a) contains complete and accurate lists of the following assets owned by the Company as of the date of this Agreement and used or held for use in the Business: (1) all Equipment having an original purchase price of more than $10,000, identifying each piece of Equipment by manufacturer, description, model number, serial number and location; and (2) all Vehicles, identifying each Vehicle by make, year, vehicle identification number and location. (b) Except as disclosed on Schedule 4.8(b), each piece of Equipment and Vehicle listed on Schedule 4.8(a): (i) has been maintained in accordance with normal industry practice, (ii) is in operating condition and good repair, except for normal wear and tear, (iii) is free from patent defects other than minor defects that do not interfere with its continued use and (iv) is suitable for the purposes for which it is currently used.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Fenix Parts, Inc.), Stock Purchase Agreement (Fenix Parts, Inc.), Stock Purchase Agreement (Fenix Parts, Inc.)
Equipment and Vehicles. (a) Schedule 4.8(a5.10(a) contains consists of two subschedules containing complete and accurate lists of the following assets owned by the Company as of the date of this Agreement and used or held for use in the BusinessAgreement:
(1i) all Equipment having an original purchase price of more than $10,000Equipment, identifying each piece of Equipment by manufacturer, description, model number, serial number description and locationlocation (Schedule 5.10 (a)(1)); and
(2ii) all Vehicles, identifying each Vehicle by make, year, vehicle identification number model and locationlocation (Schedule 5.10 (a)(2)).
(b) Except as disclosed on in Schedule 4.8(b5.10 (b), each piece of Equipment and or Vehicle listed on Schedule 4.8(a): 5.10 (a), (i) has been maintained in accordance with normal industry practice, (ii) is in good operating condition and good repair, repair (except for normal wear and tear), (iii) is free from patent defects other than minor defects that do not interfere with its continued use and (iv) is suitable for the purposes for which it is currently used.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Rotate Black Inc), Stock Purchase Agreement (Rotate Black Inc)
Equipment and Vehicles. (a) Schedule 4.8(a4.9(a) contains consists of two subschedules containing complete and accurate lists of the following assets owned by the Company PrimeWire as of the date of this Agreement and used or held for use in the BusinessAgreement:
(1) all Equipment having an original purchase price of more than $10,000Equipment, identifying each piece of Equipment by manufacturer, description, model number, serial number description and locationlocation (Schedule 4.9(a)(1)); and
(2) all Vehicles, identifying each Vehicle by make, year, vehicle identification number model and locationlocation (Schedule 4.9(a)(2)).
(b) Except as disclosed on in Schedule 4.8(b4.9(b), each piece of Equipment and or Vehicle listed on Schedule 4.8(a): 4.9(a), (i) has been maintained in accordance with normal industry practice, (ii) is in good operating condition and good repair, repair (except for normal wear and tear), (iii) is free from patent defects other than minor defects that do not interfere with its continued use and (iv) is suitable for the purposes for which it is currently used.
Appears in 1 contract