Common use of Excluded Contracts Clause in Contracts

Excluded Contracts. Pursuant to Section 5.3(b), Purchaser shall be entitled, in its sole discretion in accordance with the procedures set forth in the Bid Procedures Order, to elect not to purchase or assume one or more Assigned Contract, in which case, notwithstanding anything in this Agreement or any Related Document to the contrary, such Assigned Contract shall be considered an excluded contract (“Excluded Contract”) (and shall constitute an Excluded Asset and not be included in the Transferred Assets) for all purposes of this Agreement and Purchaser shall not have any obligation to satisfy or pay any Cure Costs or other Liabilities with respect to such Excluded Contract. Each assignable Assigned Contract that Purchaser does not elect to remove from the list of Assigned Contracts pursuant to Section 5.3(b) shall be an Assigned Contract.

Excluded Contracts. Pursuant to Section 5.3(b)7.7, Purchaser shall be entitled, in its sole discretion in accordance with the procedures set forth in the Bid Bidding Procedures Order, to elect not to purchase or assume one or more Assigned ContractPurchased Contracts, in which case, notwithstanding anything in this Agreement or any Related Ancillary Document to the contrary, such Assigned Purchased Contract shall be considered an excluded contract (“Excluded Contract”) (and shall constitute an Excluded Asset and not be included in the Transferred Purchased Assets) for all purposes of this Agreement and Purchaser shall not have any obligation to satisfy or pay any Cure Costs Amounts or other Liabilities with respect to such Excluded Contract. Each assignable Assigned Purchased Contract that Purchaser does not elect to remove from the list of Assigned Contracts Purchased Contracts, as applicable, pursuant to Section 5.3(b) 7.7 shall be an Assigned a Purchased Contract.

Excluded Contracts. Pursuant to Section 5.3(b), Purchaser shall be entitled, in its sole discretion in accordance with discretion, by written notice to the procedures set forth in Seller delivered on or before the Bid Procedures OrderClosing Date, to elect not to purchase or assume one or more Assigned ContractContracts, in which case, notwithstanding anything in this Agreement or Agreement, any Related Document or the Sale Order to the contrary, such Assigned Contract shall be considered an excluded contract (“Excluded Contract”) (and shall constitute an Excluded Asset and not be included in the Transferred Assets) for all purposes of this Agreement and Purchaser shall not have any obligation to satisfy or pay any Cure Costs or other Liabilities with respect to such Excluded Contract. Each assignable Assigned Contract that Purchaser does not elect to remove from the list of Assigned Contracts pursuant to Section 5.3(b) shall be an Assigned Contract.