Purchased Contracts. Subject to Section 2.5(c), any Liability (i) arising out of any actual or alleged breach of, or nonperformance under, any Contract (including any Purchased Contract or Shared Contract) prior to the Closing or (ii) accruing under any Purchased Contract with respect to any period prior to the Closing;
Appears in 3 contracts
Samples: Asset Purchase and Sale Agreement (Tellabs Inc), Asset Purchase and Sale Agreement (Marconi Corp PLC), Asset Purchase and Sale Agreement (Advanced Fibre Communications Inc)
Purchased Contracts. Subject to Section 2.5(c2.5(b), any Liability (i) liability of any Seller to the extent arising out of any actual or alleged breach of, or nonperformance under, any Contract (including any Purchased Contract or Shared Contract) prior to the Closing or (ii) accruing under any Purchased Contract with respect to any period prior to the Closing;
Appears in 3 contracts
Samples: Supply Agreement (Marconi Corp PLC), Supply Agreement (Marconi Corp PLC), Supply Agreement (Telent PLC)