Common use of Existing Contracts Clause in Contracts

Existing Contracts. SCHEDULES 2.01(a) AND (d) hereto set forth all contracts, commitments and agreements in effect on the date hereof with Seller's subscribers (other than standard subscriber agreements for cellular service), all leases (other than personal property leases with annual payments of less than $3,000 or which are terminable without penalty on one month or less notice) to which Seller is a party, and all other contracts, commitments and agreements (other than agreements with annual payments of less than $3,000 or which are terminable without penalty on one month or less notice) or commitments (written or oral) to which Seller is a party which relate to the ownership of the Assets or the operation of the Business (the "Existing Contracts") except for the contracts, leases, commitments and agreements included among the Non-Assumed Liabilities (the "Excluded Contracts"). Except as disclosed on SCHEDULE 7.25, no officer, director or employee of Seller or any Person (other than Seller) controlling, controlled by or affiliated with or family member of any such officer, director or employee has any contractual relationship relating to the ownership or operation of the Business. Seller has heretofore delivered to Purchaser true and correct copies of the Existing Contracts. Except as disclosed on SCHEDULES 2.01(a) AND (d), Seller has no knowledge of any breach or anticipated breach by the other parties to any Existing Contracts. The Existing Contracts are in full force and effect and Seller is in compliance with its obligations under such Existing Contracts. Except for the Existing Contracts and the Excluded Contracts, Seller has not entered into any other contract, commitment or agreement (other than agreements with annual payments of less than $3,000 or which are terminable without penalty on one month or less notice) relating to the ownership of the Assets or the operation of the Business, including, but not limited to, rights-of-way, rights of entry, licenses, easements, leases, or guaranty agreements. There are no claims by third parties that Seller is required to enter into other agreements to enable it to continue to own the Assets and operate the Business as it is presently being operated.

Existing Contracts. SCHEDULES 2.01(a) AND (d) hereto set forth all contracts, commitments and agreements in effect on the date hereof with Seller's subscribers (other than standard subscriber agreements for cellular service), all leases (other than personal property leases with annual payments of less than $3,000 2,000 and which leases, together with the other contracts and agreements not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $25,000 or which are terminable without penalty on one month or less notice) to which Seller is a party, and all other contracts, commitments and agreements (other than agreements with annual payments of less than $3,000 2,000 and which agreements, together with the other leases and contracts not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $25,000 or which are terminable without penalty on one month or less notice) or commitments (written or oral) to which Seller is a party which relate to the ownership of the Assets or the operation of the Business (the "Existing Contracts") except for the contracts, leases, commitments and agreements included among the Non-Assumed Liabilities (the "Excluded Contracts"). Except as disclosed on SCHEDULE 7.25, no officer, director or employee of Seller or any Person (other than Seller) controlling, controlled by or affiliated with or family member of any such officer, director or employee has any contractual relationship relating to the ownership or operation of the Business. Seller has heretofore delivered to Purchaser true and correct copies of the Existing Contracts. Except as disclosed on SCHEDULES 2.01(a) AND (d), Seller has no knowledge of any breach or anticipated breach by the other parties to any Existing Contracts. The Existing Contracts are in full force and effect and Seller is in compliance with its obligations under such Existing Contracts. Except for the Existing Contracts and the Excluded Contracts, Seller has not entered into any other contract, commitment or agreement (other than agreements with annual payments of less than $3,000 2,000 and which agreements, together with the other leases and contracts not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $25,000 or which are terminable without penalty on one month or less notice) relating to the ownership of the Assets or the operation of the Business, including, but not limited to, rights-of-way, rights of entry, licenses, easements, leases, or guaranty agreements. There are no claims by third parties that Seller is required to enter into other agreements to enable it to continue to own the Assets and operate of the Business as it is presently being operated.

Existing Contracts. SCHEDULES 2.01(a) AND (d) hereto set forth all contracts, commitments and agreements in effect on the date hereof with Seller's subscribers (other than standard subscriber agreements for cellular servicecellular), all leases (other than personal property leases with annual payments of less than $3,000 2,000 and which leases, together with the other contracts and agreements not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $25,000 or which are terminable without penalty on one month or less notice) to which Seller is a party, and all other contracts, commitments and agreements (other than agreements with annual payments of less than $3,000 2,000 and which agreements, together with the other leases and contracts not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $25,000 or which are terminable without penalty on one month or less notice) or commitments (written or oral) to which Seller is a party which relate to the ownership of the Assets or the operation of the Business (the "Existing Contracts") except for the contracts, leases, commitments and agreements included among the Non-Assumed Liabilities (the "Excluded Contracts"). Except as disclosed on SCHEDULE 7.25, no officer, director or employee of Seller or any Person (other than Seller) controlling, controlled by or affiliated with or family member of any such officer, director or employee has any contractual relationship relating to the ownership or operation of the Business. Seller has heretofore delivered to Purchaser true and correct copies of the Existing Contracts. Except as disclosed on SCHEDULES 2.01(a) AND (d), Seller has no knowledge of any breach or anticipated breach by the other parties to any Existing Contracts. The Existing Contracts are in full force and effect and Seller is in compliance with its obligations under such Existing Contracts. Except for the Existing Contracts and the Excluded Contracts, Seller has not entered into any other contract, commitment or agreement (other than agreements with annual payments of less than $3,000 2,000 and which agreements, together with the other leases and contracts not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $25,000 or which are terminable without penalty on one month or less notice) relating to the ownership of the Assets or the operation of the Business, including, but not limited to, rights-of-way, rights of entry, licenses, easements, leases, or guaranty agreements. There are no claims by third parties that Seller is required to enter into other agreements to enable it to continue to own the Assets and operate of the Business as it is presently being operated.

Existing Contracts. SCHEDULES 2.01(a) AND (d) hereto set sets forth all contracts, commitments and agreements in effect on the date hereof with Seller's subscribers (other than standard subscriber agreements for cellular service)) in effect on the date hereof with each Seller's subscribers, all leases (other than personal property leases with annual payments of less than $3,000 12,000 and which leases, together with the other contracts and agreements not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $150,000 or which are terminable without penalty on one month six months or less notice) to which each Seller is a partyparty and which relate to the ownership of the Assets or the operation of the Business, and all other contracts, commitments and agreements (other than agreements with annual payments of less than $3,000 12,000 and which agreements, together with the other leases and contracts not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $150,000 or which are terminable without penalty on one month six months or less notice) or commitments (written or oral) to which each Seller is a party which relate to the ownership of the Assets or the operation of the Business (the "Existing Contracts") except for outstanding purchase orders that are included in the contracts, leases, commitments and agreements included among the Non-Assumed Liabilities Budgets (the "Excluded ContractsPurchase Orders"). Except as disclosed on SCHEDULE 7.25, no officer, director or employee No partner of any Seller or any Person (other than Seller) controlling, controlled by or affiliated with or family member of any such officer, director or employee partner has any contractual relationship relating to the ownership or operation of the Business. Seller has Sellers have heretofore delivered to Purchaser true and correct copies of the Existing Contracts. Except as disclosed on SCHEDULES 2.01(a) AND (d), Seller has Sellers have no knowledge of any breach or anticipated breach by the other parties to any Existing Contracts. The Existing Contracts are in full force and effect and Seller is Sellers are in compliance with its obligations under the terms of such Existing Contracts. Except for the Existing Contracts and the Excluded ContractsPurchase Orders, neither Seller has not entered into any other contract, commitment or agreement agreements (other than agreements with annual payments of less than $3,000 12,000 and which agreements, together with the other leases and contracts not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $150,000 or which are terminable without penalty on one month six months or less notice) relating to the ownership of the Assets or and the operation of the Business, including, but not limited to, rights-of-way, rights of entry, licenses, easements, leasesleases (real property or equipment), or guaranty agreements. There are no claims by third parties that either Seller is required to enter into other agreements to enable it to continue to own owning the Assets and operate the operation of the Business as it is presently being operated.

Existing Contracts. SCHEDULES 2.01(a) AND (d) hereto set sets forth all contracts, commitments and agreements in effect on the date hereof with Seller's subscribers or Xxxxxxx'x customers, all leases to which Seller and/or Xxxxxxx is a party and which relate to the ownership of the Assets or the operation of the Business, all agreements, commitments and understandings to which Xxxxxxx or Seller is a party with SBC (other than standard subscriber agreements for cellular service)such agreements, all leases (other than personal property leases commitments and understandings subject to a confidentiality agreement with annual payments of less than $3,000 or which are terminable without penalty on one month or less noticeSBC and SBC has not released from the provisions thereof) to which Seller is a party, and all other contracts, commitments and agreements (other than agreements with annual payments of less than $3,000 or which are terminable without penalty on one month or less notice) or commitments (written or oral) to which Xxxxxxx or Seller is a party which relate to the ownership of the Assets or the operation of the Business (the "Existing Contracts") except for the contracts, leases, commitments and agreements included among the Non-Assumed Liabilities (the "Excluded Contracts"). Except as disclosed on SCHEDULE 7.25, no officer, director or employee of Seller No Partner or any Person person or entity (other than Seller) controlling, controlled by or affiliated with or family member of any such officer, director or employee Partner has any contractual relationship relating to the ownership or operation of the Business. Seller has heretofore delivered to Purchaser true and correct copies of the Existing Contracts. Except as disclosed on SCHEDULES 2.01(a) AND (d), Seller has no knowledge of any breach or anticipated breach by the other parties to any Existing Contracts. The Existing Contracts are in full force and effect and Seller Xxxxxxx and Seller, as applicable, is in compliance with its obligations under the terms of such Existing Contracts. Except for the Existing Contracts and the Excluded Contracts, neither Xxxxxxx nor Seller has not entered into any other contract, commitment or agreement (other than agreements with annual payments of less than $3,000 or which are terminable without penalty on one month or less notice) relating to the ownership of the Assets or and the operation of the Business, including, but not limited to, rights-of-way, rights of entry, licenses, easements, leasesleases (real property or equipment), or guaranty agreements. There To the best of Seller's and Xxxxxxx'x knowledge, there are no claims by third parties that Seller is or Xxxxxxx are required to enter into other agreements to enable it to continue to own owning the Assets and operate the operation of the Business as it is presently being operated.

Existing Contracts. SCHEDULES 2.01(a) AND (d) hereto set forth all contracts, commitments and agreements in effect on the date hereof with Seller's subscribers (other than standard subscriber agreements for cellular service), all leases (other than personal property leases with annual payments of less than $3,000 5,000 and which leases, together with the other contracts and agreements not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $50,000 or which are terminable without penalty on one month or less notice) to which Seller is a party, and all other contracts, commitments and agreements (other than agreements with annual payments of less than $3,000 5,000 and which agreements, together with the other leases and contracts not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $50,000 or which are terminable without penalty on one month or less notice) or commitments (written or oral) to which Seller is a party and which contracts, commitments, agreements and leases relate to the ownership of the Assets or the operation of the Business (the "Existing Contracts") except for the contracts, leases, commitments and agreements included among the Non-Assumed Liabilities (the "Excluded Contracts"). Except as disclosed on SCHEDULE 7.25, no officer, director or employee of Seller or any Person (other than Seller) controlling, controlled by or affiliated with or a family member of any such officer, director or employee has any contractual relationship relating to the ownership or operation of the Business. Seller has heretofore delivered to Purchaser true and correct copies of the Existing Contracts. Except as disclosed on SCHEDULES 2.01(a) AND (d), Seller has no knowledge of any breach or anticipated breach by the other parties to any Existing Contracts. The Existing Contracts are in full force and effect and Seller is in compliance with its obligations under such Existing Contracts. Except for the Existing Contracts and the Excluded Contracts, Seller has not entered into any other contract, commitment or agreement (other than agreements with annual payments of less than $3,000 5,000 and which agreements, together with the other personal property leases and contracts not required to be disclosed on SCHEDULES 2.01(a) AND (d), in the aggregate have annual payments of less than $50,000 or which are terminable without penalty on one month or less notice) relating to the ownership of the Assets or the operation of the Business, including, but not limited to, rights-of-way, rights of entry, licenses, easements, leases, or guaranty agreements. There are no claims by third parties that Seller is required to enter into other agreements either to enable it to continue to own the Assets and or to operate the Business as it is presently being operated.