Common use of Previously Omitted Contracts Clause in Contracts

Previously Omitted Contracts. (i) If, prior to or following Closing, it is discovered that a Contract should have been listed on Schedule 1.1(f) but was not listed on Schedule 1.1(f) (any such Contract, a “Previously Omitted Contract”), Sellers shall, promptly following the discovery thereof (but in no event later than five (5) Business Days following the discovery thereof), notify Purchaser in writing of such Previously Omitted Contract and all Cure Costs (if any) for such Previously Omitted Contract. Purchaser shall thereafter deliver written notice to Sellers, no later than five (5) Business Days following notification of such Previously Omitted Contract from Sellers, designating such Previously Omitted Contract as “Assumed” or “Rejected” (a “Previously Omitted Contract Designation”). A Previously Omitted Contract designated in accordance with this Section 2.6(b)(i) as “Rejected,” or with respect to which Purchaser fails to timely deliver a Previously Omitted Contract Designation, shall be an Excluded Contract.

Previously Omitted Contracts. (i) If, If prior to or following Closing, Closing it is discovered that a Contract should have been listed on Schedule 1.1(f1.1(a) but was not listed on Schedule 1.1(f) 1.1(a), (any such Contract, a “Previously Omitted Contract”), Sellers shall, promptly following the discovery thereof (but in no event later than five two (52) Business Days following the discovery thereof), notify Purchaser Buyer in writing of such Previously Omitted Contract and all proposed Cure Costs Amounts (if any) for such Previously Omitted Contract. Purchaser Buyer shall thereafter deliver written notice to Sellers, no later than five (5) Business Days following notification of such Previously Omitted Contract from Sellers, designating such Previously Omitted Contract as “Assumed” or “Rejected” (a “Previously Omitted Contract Designation”). A Previously Omitted Contract designated in accordance with this Section 2.6(b)(i2.7(d)(i) as “Rejected,” or with respect to which Purchaser Buyer fails to timely deliver a Previously Omitted Contract Designation, shall be an Excluded Contract.

Previously Omitted Contracts. (i) If, If prior to or following Closing, Closing it is discovered by any of the Parties that a Contract should have been listed on Section 2.1 – Part D of the Sellers Disclosure Schedule 1.1(f) but was not listed on Section 2.1 – Part D of the Sellers Disclosure Schedule 1.1(f) (any such Contract, a “Previously Omitted Contract”), Sellers such Party shall, promptly following the discovery thereof (but in no event later than five two (52) Business Days following the discovery thereof), notify Purchaser the other Party in writing of such Previously Omitted Contract and all Cure Costs (if any) for such Previously Omitted Contract. Purchaser Buyer shall thereafter deliver written notice to Sellers, no later than five (5) Business Days following notification of such Previously Omitted Contract from SellersContract, designating such Previously Omitted Contract as “Assumed” or “Rejected” (a “Previously Omitted Contract Designation”). A Previously Omitted Contract designated in accordance with this Section 2.6(b)(i2.5(c)(i) as “Rejected,” or with respect to which Purchaser Buyer fails to timely deliver a Previously Omitted Contract Designation, shall be an Excluded ContractAsset.

Previously Omitted Contracts. (i) If, If prior to or following Closing, it is discovered that a Contract should have been listed on Schedule 1.1(f2.5(a) but was not listed on Schedule 1.1(f2.5(a) and has not been rejected by Sellers (any such Contract, a “Previously Omitted Contract”), Sellers shall, promptly following the discovery thereof (but in no event later than five two (52) Business Days following the discovery thereof), notify Purchaser Buyer in writing of such Previously Omitted Contract and all Cure Costs (if any) for such Previously Omitted Contract. Purchaser Buyer shall thereafter deliver written notice to Sellers, no later than five (5) Business Days following notification of such Previously Omitted Contract from Sellers, designating such Previously Omitted Contract as “Assumed” or “Rejected” (a “Previously Omitted Contract Designation”). A Previously Omitted Contract designated in accordance with this Section 2.6(b)(i2.5(b)(i) as “Rejected,” or with respect to which Purchaser Buyer fails to timely deliver a Previously Omitted Contract Designation, shall be an Excluded Contract.

Previously Omitted Contracts. (i) If, If prior to or following Closing, it is discovered that a Contract should have been listed on Schedule 1.1(f1.6(a) but was not listed on Schedule 1.1(f1.6(a) (any such Contract, a “Previously Omitted Contract”), Sellers Seller shall, promptly following the discovery thereof (but in no event later than five two (52) Business Days following the discovery thereofthereof or receipt of such notice), notify Purchaser in writing of such Previously Omitted Contract and all Cure Costs (if any) for such Previously Omitted Contract. Purchaser shall thereafter deliver written notice to SellersSeller, no later than five (5) Business Days following notification of such Previously Omitted Contract from SellersSeller, designating such Previously Omitted Contract as “Assumed” or “RejectedNon-Assumed” (a “Previously Omitted Contract Designation”). A Previously Omitted Contract designated in accordance with this Section 2.6(b)(i1.6(b)(i) as “RejectedNon-Assumed,” or with respect to which Purchaser fails to timely deliver a Previously Omitted Contract Designation, shall be an Excluded a Non-Assumed Contract.

Previously Omitted Contracts. (i) If, If prior to or following Closing, the Determination Date it is discovered by any Party that a Contract should have been listed on Schedule 1.1(f2.5(a) but was not listed on Schedule 1.1(f2.5(a) and has not been rejected by the Sellers (any such Contract, a “Previously Omitted Contract”), Sellers the discovering Party shall, promptly following the discovery thereof (but in no event later than five two (52) Business Days following the discovery thereof), notify Purchaser the other Parties in writing of such Previously Omitted Contract and then the Sellers shall, promptly following such notification (but in no event later than two (2) Business Days following such notification), notify Buyer of Sellers’ good faith estimate of all Cure Costs Amounts (if any) for such Previously Omitted Contract. Purchaser shall Buyer may thereafter deliver written notice a Designation Notice to Sellers, no later than the earlier of (x) the Determination Date or the expiration of the Extended Contract Period, as applicable, and (y) five (5) Business Days following notification of such Previously Omitted Contract from Sellers, designating the Seller with respect to such Previously Omitted Contract as “Assumed” or “Rejected” (a “and such contract shall be an Assumed Contract under this Agreement. All Previously Omitted Contract Designation”). A Previously Omitted Contract designated in accordance with this Section 2.6(b)(i) as “Rejected,” or Contracts with respect to which Purchaser Xxxxx fails to timely deliver a Previously Omitted Contract DesignationDesignation Notice, shall be an Excluded ContractAsset.