Sufficiency of Transferred Assets. Except as set forth in Schedule 4.18, the Transferred Assets constitute substantially all the assets of the Seller used in the Business as conducted by the Seller prior to the date hereof, and constitute all the rights and assets necessary to conduct the Business in the ordinary course as presently conducted by Seller.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Paradyne Networks Inc), Asset Purchase Agreement (P Com Inc)
Sufficiency of Transferred Assets. Except as set forth in on Schedule 4.183.11, the Transferred Assets constitute substantially Assets, whether real or personal, tangible or intangible, (a) comprise all the assets of the Seller used in the Business as conducted by the Seller prior to the date hereofassets, properties and constitute all the rights and assets that are necessary to conduct the Business in as it is currently conducted consistent with past practice and (b) comprise all of the ordinary course as presently conducted assets, properties and rights that are currently used by SellerSellers and their respective Affiliates to conduct the Business.
Appears in 1 contract
Samples: Asset Purchase Agreement (Residential Capital, LLC)
Sufficiency of Transferred Assets. Except as set forth in Schedule 4.18Section 3.20 of the Sellers Disclosure Memorandum, the Transferred Assets constitute substantially all the assets of the Seller Sellers used in the Business as conducted by the Seller Sellers prior to the date hereof, and constitute all the rights and assets necessary to conduct the Business in the ordinary course as presently conducted by Sellerthe Sellers.
Appears in 1 contract