Common use of Sufficiency of Assets Clause in Contracts

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior to the Closing and constitute all of the rights, property and assets necessary to conduct the Business as currently conducted.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Insignia Systems Inc/Mn), Asset Purchase Agreement (Agro Capital Management Corp.), Asset Purchase Agreement (Item 9 Labs Corp.)

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Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted by the Seller prior to the Closing. All items of Tangible Personal Property required or necessary for the operation of the Seller’s business in the manner as conducted by the Seller prior to the Closing are in good operating condition, normal wear and constitute all tear excepted. All of the rightsPurchased Assets are owned, property and assets necessary to leased, held, possessed or controlled by the Seller in connection with the conduct of the Business as currently conductedBusiness.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Stanley Furniture Co Inc.), Asset Purchase Agreement (Hooker Furniture Corp)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior to the Closing and Closing, except to the extent any deficiency would not cause a Material Adverse Effect. The Purchased Assets constitute all of the rights, property and assets necessary to conduct the Business as currently conductedconducted immediately prior to the Closing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (ARC Group Worldwide, Inc.), Asset Purchase Agreement

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business as relates to the Purchased Assets after the Closing in substantially the same manner as conducted prior to the Closing and constitute all of the rights, property and assets necessary to conduct the Business as relates to the Purchased Assets as currently conducted. It is understood that the Purchased Assets do not include product inventory or personnel that the Buyer will need to provide to continue the Business as relates to the Purchased Assets.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Innovative Food Holdings Inc), Asset Purchase Agreement (Innovative Food Holdings Inc)

Sufficiency of Assets. The Except as set forth on Schedule 4.22, the Purchased Assets are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior to the Closing and constitute all of the rights, property and assets necessary sufficient to conduct the Business as currently conducted.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Global Power Equipment Group Inc.)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior to the Closing and constitute all of the rights, property and assets necessary to conduct the Business as currently conducted. All tangible personal property comprising the Purchased Assets has been adequately maintained and is in good operating condition.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Concierge Technologies Inc), Asset Purchase Agreement (Concierge Technologies Inc)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior to the Closing and constitute all of the rights, property and assets necessary to conduct the Business as currently conducted. None of the Excluded Assets are material to the Business.

Appears in 2 contracts

Samples: Asset Purchase Agreement (AgEagle Aerial Systems Inc.), Asset Purchase Agreement (Staffing 360 Solutions, Inc.)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business after immediately before the Closing in substantially the same manner as conducted prior to the Closing and constitute all of the rights, property and assets necessary to conduct the Business as currently conducted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Predictive Oncology Inc.)

Sufficiency of Assets. The Assuming due completion, at or prior to the Closing, of the Required Actions by Buyer, the Purchased Assets (a) are sufficient for the continued conduct of the Business as a going concern after the Closing in substantially the same manner as currently conducted prior to the Closing and (b) constitute all of the rights, property and assets necessary to conduct the Business as a going concern after the Closing in substantially the same manner as currently conducted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Esports Entertainment Group, Inc.)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct operation of the Business after the Closing in substantially the same manner as conducted operated prior to the Closing and constitute all of the rights, property properties and assets necessary to conduct the operation of the Business as currently conductedoperated.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nexstar Broadcasting Group Inc)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct operation of the Business after the Closing in substantially the same manner as conducted operated prior to the Closing and constitute all of the rights, property and assets necessary to conduct operate the Business as currently conductedoperated. None of the Excluded Assets are material to the Business.

Appears in 1 contract

Samples: Asset Purchase Agreement (AV Homes, Inc.)

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Sufficiency of Assets. The Purchased Assets are constitute property sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior Buyer subsequent to the Closing and constitute all of the rights, property and assets necessary to continue to conduct the Business as currently conducted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Bolt Technology Corp)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct operation of the Business after the Closing in substantially the same manner as conducted operated prior to Closing (apart from the Closing lack of cash due to the use thereof for the repayment of Indebtedness as described in Section 2.3 of this Agreement) and constitute all of the rights, property and assets necessary to conduct operate the Business as currently conductedoperated. None of the Excluded Assets are material to the Business.

Appears in 1 contract

Samples: Asset Purchase Agreement (AV Homes, Inc.)

Sufficiency of Assets. The Purchased Acquired Assets are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior to since the Closing filing of the Bankruptcy Cases and constitute all of the rights, property and assets necessary to conduct the Business as currently conductedconducted immediately prior to the date hereof.

Appears in 1 contract

Samples: Asset Purchase Agreement

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business as it relates to the Acquired Franchisees after the Closing in substantially the same manner as conducted prior to the Closing and constitute all of the rights, property and assets necessary to conduct the Business as it relates to the Acquired Franchisees as currently conducted. None of the Excluded Assets are material to the Business as it relates to the Acquired Franchisees.

Appears in 1 contract

Samples: Asset Purchase Agreement (HireQuest, Inc.)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as presently conducted prior to the Closing and constitute all of the rights, property and assets necessary to conduct the Business as currently conducted.

Appears in 1 contract

Samples: Asset Purchase Agreement

Sufficiency of Assets. The Purchased Assets (i) are sufficient for the continued conduct of the Business after the Closing in substantially the same manner as conducted prior to the Closing and (ii) constitute all of the rights, property and assets necessary to conduct the Business as currently conductedconducted by the Lawn and Garden Entities.

Appears in 1 contract

Samples: Asset Purchase Agreement (Myers Industries Inc)

Sufficiency of Assets. The Purchased Assets are sufficient for the continued conduct of the Business of the Subsidiaries after the Closing in substantially the same manner as conducted prior to the Closing and constitute all of the rights, property and assets necessary to conduct the such Business as currently conducted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Predictive Oncology Inc.)

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