Common use of Misallocated Assets Clause in Contracts

Misallocated Assets. If, following the Closing, any right, property or asset not forming part of the Business is found to have been transferred to Buyer in error, either directly or indirectly (including as a result of the Pre-Closing Restructuring), Buyer shall transfer, or shall cause its Affiliates (including the Purchased Companies and Subsidiaries of the Purchased Companies) to transfer, at no cost, such right, property or asset (and any related liability) as soon as practicable to the applicable Seller indicated by HD Supply. If, following the Closing, any right, property or asset forming part of the Business is found to have been retained by any Seller in error, either directly or indirectly (including as a result of the Pre-Closing Restructuring), HD Supply shall transfer, or shall cause the other applicable Seller to transfer, at no cost, such right, property or asset (and any related liability) as soon as practicable to Buyer or an Affiliate (including a Purchased Company or Subsidiary of a Purchased Company) indicated by Buyer.

Misallocated Assets. If, following the Closing, any right, property or asset not forming part of included in the Business Purchased Assets is found to have been transferred to Buyer Purchaser in error, either directly or indirectly (including as a result of the Pre-Closing RestructuringReorganization), Buyer Purchaser shall transfer, or shall cause its Affiliates (including the Purchased Companies Entities) to transfer, at no additional cost, such right, property or asset (and any related Liability) as soon as practicable to the Seller Entity indicated by Seller. If, following the Closing, any right, property or asset included in the Purchased Assets is found to have been retained by Seller or any of its Subsidiaries in error, either directly or indirectly (including as a result of the Purchased Companies) Pre-Closing Reorganization), Seller shall transfer, or shall cause its Subsidiary to transfer, at no cost, such right, property or asset (and any related liabilityLiability) as soon as practicable to the applicable Seller indicated by HD Supply. If, following the Closing, any right, property or asset forming part of the Business is found to have been retained by any Seller in error, either directly or indirectly (including as a result of the Pre-Closing Restructuring), HD Supply shall transfer, or shall cause the other applicable Seller to transfer, at no cost, such right, property or asset (and any related liability) as soon as practicable to Buyer Purchaser or an Affiliate (including a Purchased Company or Subsidiary of a Purchased CompanyEntity) indicated by BuyerPurchaser.

Misallocated Assets. If, following the Closing, any right, property or asset not forming part of the Business is found to have been transferred to Buyer Purchaser in error, either directly or indirectly (including as a result of the Pre-Closing Restructuring)at or prior to Closing, Buyer Purchaser shall transfer, or shall cause its Affiliates (including the Purchased Companies and Subsidiaries of the Purchased CompaniesEntities) to transfer, at no cost, such right, property or asset (and any related liability) to the extent then owned by Purchaser or its Affiliates as soon as practicable to the applicable Seller Entity indicated by HD SupplySeller. If, following the Closing, any right, property or asset forming part of the Business is found to have been retained by Seller or any other Seller Entity in error, either directly or indirectly (including as a result of the Pre-Closing RestructuringReorganization), HD Supply Seller shall transfer, or shall cause the other applicable Seller Entities to transfer, at no cost, such right, property or asset (and any related liability) as soon as practicable to Buyer Purchaser or an Affiliate (including a Purchased Company or Subsidiary of a Purchased CompanyEntity) indicated by BuyerPurchaser.