Matters Concerning Prior Acquisitions Sample Clauses

Matters Concerning Prior Acquisitions. Each of the Borrowers hereby represents and warrants that if the “Second Closing” (as such term is defined in the Home Care Purchase Agreement) has not occurred by the “Second Closing Deadline” (as such term is defined in the Home Care Purchase Agreement) and the Home Care Seller terminates the Home Care Purchase Agreement in accordance with Section 6.1(d) thereof, after giving effect to any such termination, Holdings and CHSNY, as buyers under the Home Care Purchase Agreement (a) will be entitled to retain all rights, titles and interests in and to the ownership of the assets of and operation of the pharmacy services business purchased under the Home Care Purchase Agreement, and (b) will be entitled to retain all rights, titles and interests in and to all profits, proceeds and distributions of any kind generated in connection with the home health business purchased under the Home Care Purchase Agreement to the extent that such profits, proceeds and distributions were generated from services performed by Holdings, CHSNY or any Affiliate thereof after the Effective Date (as such term is defined in the Home Care Purchase Agreement) and prior to the effective date of such termination.