Common use of Previously Omitted Contracts Clause in Contracts

Previously Omitted Contracts. (i) If it is discovered that a Contract should have been listed on Schedule 4.6 but was not listed on Schedule 4.6 (any such Contract, a “Previously Omitted Contract”), Seller shall, promptly following the discovery thereof (but in no event later than five (5) Business Days following the discovery thereof), (x) notify Buyer of such Previously Omitted Contract and all Cure Amounts (if any) for such Previously Omitted Contract, and (y) if requested by Buyer, file a motion with the Bankruptcy Court on notice to the counterparties to such Previously Omitted Contract seeking entry of an order (the “Omitted Contract Order”) fixing the Cure Amounts and approving the assumption and assignment of such Previously Omitted Contract in accordance with this Section 2.5(b) (provided that no Previously Omitted Contract shall be assumed and assigned unless such Previously Omitted Contract shall be designated by Buyer as “Assumed” in accordance with Section 2.5(a)(i)). (ii) For purposes of the application of this Section 2.5, only Previously Omitted Contract designated as “Assumed” by Buyer shall be an Assumed Contract. Each Previously Omitted Contract shall then be treated in accordance with the provisions of this Section 2.5 with respect to Assumed Contracts.

Previously Omitted Contracts. (i) If it is discovered that a Contract should have been listed on Schedule 4.6 4.5 but was not listed on Schedule 4.6 4.5 (any such Contract, a “Previously Omitted Contract”), Seller shall, promptly immediately following the discovery thereof (but in no event later than five (5) Business Days following the discovery thereof), (x) notify Buyer of such Previously Omitted Contract and all Cure Amounts (if any) for such Previously Omitted Contract, and (y) if requested by Buyer, file a motion with the Bankruptcy Court on notice to the counterparties to such Previously Omitted Contract seeking entry of an order (the “Omitted Contract Order”) fixing the Cure Amounts and approving the assumption and assignment of such Previously Omitted Contract in accordance with this Section 2.5(b) (provided that no Previously Omitted Contract shall be assumed and assigned unless such Previously Omitted Contract shall be designated by Buyer as “Assumed” in accordance with Section 2.5(a)(i)). (ii) For purposes of the application of this Section 2.5, only each Previously Omitted Contract so designated as “Assumed” by Buyer shall be an Assumed Contract, and each Previously Omitted Contract so designated as “Rejected” shall be a Rejected Contract. Each Previously Omitted Contract shall then be treated in accordance with the provisions of this Section 2.5 with respect to Assumed Contracts and Rejected Contracts.

Previously Omitted Contracts. (i) If In the event that it is discovered that a Contract should have been listed on the Contracts Schedule 4.6 but was not listed on the Contracts Schedule 4.6 (any such Contract, a “Previously Omitted Contract”), Seller the Selling Entities shall, promptly immediately following the discovery thereof (but in no event later than five two (52) Business Days following the discovery thereof), (x) notify Buyer of such Previously Omitted Contract and all Cure Amounts (if any) for such Previously Omitted Contract, and (y) if requested by Buyer, file a motion with the Bankruptcy Court on notice to the counterparties to such Previously Omitted Contract seeking entry of an order (the “Omitted Contract Order”) fixing the Cure Amounts and approving the assumption and assignment of such Previously Omitted Contract in accordance with this Section 2.5(b) 2.5 (provided that no Previously Omitted Contract shall be assumed and assigned unless such Previously Omitted Contract shall be is designated by Buyer Xxxxx as “Assumed” in accordance with Section 2.5(a)(i2.5(b) and Section 2.5(c)(ii)). (ii) For purposes Within fifteen (15) Business Days following the filing of the application of this Section 2.5, only Previously Omitted Contract designated as “Assumed” by Buyer shall be an Assumed Contract. Each Previously Omitted Contract shall then be treated in accordance with the provisions of this Section 2.5 with respect to Assumed Contracts.the