Common use of Sufficiency of Assets Clause in Contracts

Sufficiency of Assets. The Acquired Assets constitute all of the rights, property and assets that are owned and controlled by Seller or any of its Affiliates as of the Closing Date and are necessary for the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current Product.

Sufficiency of Assets. The Except for the Excluded Assets, the Acquired Assets constitute all of the rightsproperties, property assets and assets that are owned and controlled rights used by Seller or any of its Affiliates the Sellers to conduct the Business as of the Closing Date and are necessary for the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current Productcurrently conducted by Sellers.

Sufficiency of Assets. The Acquired Assets constitute include all of the rightsmaterial assets, property properties, interests and assets that are owned and controlled by rights material to, or used for the conduct of the Business of Seller or any as presently conducted. Seller has such technology sufficient for the operations of its Affiliates Business as it is presently conducted. Seller has the right to use all of the Closing Date assets, properties, interests and are necessary for rights used in the development and commercialization conduct of the Current Product. None of the Excluded Assets (other than certain employees of Seller or Business as presently conducted, notwithstanding any of its Affiliates) are material to the development Asset Liens on such assets, properties, interests and commercialization of the Current Productrights.

Sufficiency of Assets. The Acquired Assets constitute all of the rightsassets, property properties, rights and assets that are owned and controlled goodwill necessary to carry on the Acquired Business as currently conducted by Seller or any of its Affiliates as of the Closing Date and are necessary for the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductSeller.

Sufficiency of Assets. The Except for the Excluded Assets and the Shared Assets, the Acquired Assets constitute all of the rightsproperties and assets, property tangible and assets that are owned intangible, real, personal and controlled by Seller mixed, of any nature whatsoever, used for or any of its Affiliates as of the Closing Date and are otherwise necessary for conducting the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductBusiness, as currently conducted by Seller.

Sufficiency of Assets. The Acquired Purchased Assets constitute all of the rightsSeller's assets Related to the Business, property and assets that are owned and controlled by Seller or any of its Affiliates as of the Closing Date and are necessary except for the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductAssets.

Sufficiency of Assets. The Other than the Excluded Assets, the Acquired Assets constitute all of the rights, property and assets owned by Sellers that are owned and controlled by Seller or any of its Affiliates as used primarily in the operation of the Closing Date Business as currently conducted and are necessary for sufficient to operate the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductBusiness as currently conducted.

Sufficiency of Assets. The Acquired Assets include all of the operating assets of Seller used in the operation of the Business and constitute all of the rightsassets, property tangible and assets that are owned and controlled intangible, of any nature whatsoever, (i) necessary to operate the Business in the manner presently operated by Seller or any of its Affiliates as of the Closing Date and are necessary Seller, except for the Excluded Assets, and (ii) pertaining to technology, processes, plans, and other items under development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current Productfor use in such Business.

Sufficiency of Assets. The Acquired Assets include all of the operating assets of Seller necessary for the operation of the Seller’s Business as currently conducted and constitute all of the rightsassets, property tangible and assets that are owned and controlled intangible, of any nature whatsoever, (a) necessary to operate the Business in the manner presently operated by Seller or any of its Affiliates as of the Closing Date and are necessary Seller, except for the Excluded Assets, and (b) pertaining to technology, processes, plans, and other items under development and commercialization of the Current Productused in Seller’s Business. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductEPI International has no assets.

Sufficiency of Assets. The Acquired Purchased Assets and the Excluded Assets constitute all of the material rights, property and assets that are owned and controlled used by Seller or any of and its Affiliates Subsidiaries to conduct the Business as of the Closing Date and are necessary for the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current Productcurrently conducted.

Sufficiency of Assets. The Except for Acquired Assets that will be sold or otherwise disposed of in the ordinary course of business prior to Closing, the Acquired Assets constitute all of the material assets, properties, licenses, rights, property permits and assets contracts that are owned being used in and controlled by Seller or any of its Affiliates as of the Closing Date and that are necessary for the development and commercialization operation of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductBusiness as presently conducted.

Sufficiency of Assets. The Acquired Assets constitute Assets, together with the Excluded Assets, comprise all of the rightsassets, property rights and assets that are owned and controlled properties used or held for use by Seller or any of its Affiliates as primarily in connection with the Business. The Acquired Assets, together with the Excluded Assets, are all of the Closing Date assets, rights and are properties necessary for to operate the development and commercialization of Business at the Current Product. None of Facility in all material respects as the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductBusiness is presently conducted by Seller.

Sufficiency of Assets. The Except for the Excluded Assets, the Acquired Assets constitute all of the rightsassets, property tangible and assets that are owned intangible, of any nature whatsoever, necessary to operate the Business in the manner presently operated by Seller, and controlled in the manner formerly operated by Seller or any of its Affiliates as of the Closing Date and are necessary for the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material Mxxxxxxxxx prior to the development and commercialization of the Current ProductFebruary 11, 2005.

Sufficiency of Assets. The Acquired Assets (a) constitute all of the rightsassets, property tangible and assets intangible, of any nature whatsoever, of Seller and its Subsidiaries that are owned and controlled by Seller or any of its Affiliates as of the Closing Date and are necessary for the development ownership and commercialization operation of the Current Product. None Acquired Business as presently conducted by Seller and its Subsidiaries and (b) include all of the Excluded Assets (other than certain employees operating assets of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductSeller.

Sufficiency of Assets. The Acquired Assets constitute all of the rightsproperties, property assets, interests and assets that rights that: (i) are owned and controlled by Seller or in which Seller has any of its Affiliates as right, title or interest that are used or held for use in connection with the Business; and (ii) are required for the continued conduct of the Business by Acquisition Sub immediately following the Closing Date and are necessary for in the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of same manner as conducted by Seller or any of its Affiliates) are material immediately prior to the development and commercialization of the Current ProductClosing.

Sufficiency of Assets. The Acquired Assets Assets, including the Acquired Business Contracts, constitute all of the rightsassets, property properties, rights and assets that are owned and controlled goodwill necessary to carry on the Acquired Business as currently conducted by Seller or any of its Affiliates as of the Closing Date and are necessary for the development and commercialization of the Current Product. None of the Excluded Assets (other than certain employees of Seller or any of its Affiliates) are material to the development and commercialization of the Current ProductSeller.