Common use of Pre-Separation Services Clause in Contracts

Pre-Separation Services. The Parties recognize that legal and other professional services (including, but not limited to, services rendered by legal counsel retained or employed by any Party (or any member of such Party’s respective Group), including outside counsel and in-house counsel) that have been and will be provided prior to the Effective Time have been and will be rendered for the collective benefit of each of the members of the SG Holdings Group and the SG DevCo Group, and that each of the members of the SG Holdings Group and the SG DevCo Group should be deemed to be the client with respect to such pre-separation services for the purposes of asserting all privileges which may be asserted under applicable Law; provided, however, that (i) members of the SG DevCo Group shall not be deemed the client with respect to pre-separation services that relate solely to the SG Holdings Business, and members of the SG DevCo Group may not assert privilege with respect to pre-separation services that relate solely to the SG Holdings Business; and (ii) members of the SG Holdings Group shall not be deemed the client with respect to pre-separation services that relate solely to the SG DevCo Business, and members of the SG Holdings Group may not assert privilege with respect to pre-separation services that relate solely to the SG DevCo Business.

Pre-Separation Services. The Parties recognize that legal and other professional services (including, but not limited to, services rendered by legal counsel retained or employed by any Party (or any member of such Party’s respective Group), including outside counsel and in-house counsel) that have been and will be provided prior to the Effective Time have been and will be rendered for the collective benefit of each of the members of the SG Holdings AFC Gamma Group and the SG DevCo SUNS Group, and that each of the members of the SG Holdings AFC Gamma Group and the SG DevCo SUNS Group should be deemed to be the client with respect to such pre-separation services for the purposes of asserting all privileges which may be asserted under applicable Law; provided, however, that (i) members of the SG DevCo SUNS Group shall not be deemed the client with respect to pre-separation services that relate solely to the SG Holdings AFC Gamma Business, and members of the SG DevCo SUNS Group may not assert privilege with respect to pre-separation services that relate solely to the SG Holdings AFC Gamma Business; and (ii) members of the SG Holdings AFC Gamma Group shall not be deemed the client with respect to pre-separation services that relate solely to the SG DevCo SUNS Business, and members of the SG Holdings AFC Gamma Group may not assert privilege with respect to pre-separation services that relate solely to the SG DevCo SUNS Business.

Pre-Separation Services. The Parties recognize that legal and other professional services (including, but not limited to, services rendered by legal counsel retained or employed by any Party (or any member of such Party’s respective Group), including outside counsel and in-house counsel) that have been and will be provided prior to the Effective Time have been and will be rendered for the collective benefit of each of the members of the SG Holdings Vinco Group and the SG DevCo Cryptyde Group, and that each of the members of the SG Holdings Vinco Group and the SG DevCo Cryptyde Group should be deemed to be the client with respect to such pre-separation services for the purposes of asserting all privileges which may be asserted under applicable Law; provided, however, that (i) members of the SG DevCo Cryptyde Group shall not be deemed the client with respect to pre-separation services that relate solely to the SG Holdings Vinco Business, and members of the SG DevCo Cryptyde Group may not assert privilege with respect to pre-separation services that relate solely to the SG Holdings Vinco Business; and (ii) members of the SG Holdings Vinco Group shall not be deemed the client with respect to pre-separation services that relate solely to the SG DevCo Cryptyde Business, and members of the SG Holdings Vinco Group may not assert privilege with respect to pre-separation services that relate solely to the SG DevCo Cryptyde Business.