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, Deferred Closing or Deferred Retained Closing, as applicable, any right, property or asset not forming part of the Business is found to have been transferred to Buyer or retained by Purchaser or any of its Affiliates in error, either directly or indirectly (including as a result of the Pre-Closing Restructuring)indirectly, Buyer Purchaser shall transfer, or shall cause its Affiliates (including the Purchased Companies Target Entities) to transfer, at no cost, such right or property as soon as practicable to the Seller Entity indicated by Seller. If, following the Closing or Deferred Closing, as applicable, any right, property or asset (and Subsidiaries any related Liability) forming part of the Purchased Companies) Business is found to have been retained by Seller or any of its Affiliates in error, either directly or indirectly, Seller shall transfer, or shall cause its Affiliates 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 CompanyTarget Entity) 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.