Common use of Updated Schedules Clause in Contracts

Updated Schedules. Not later than ten Business Days prior to the ----------------- expected Closing Date, Seller will deliver to Buyer revised copies of all Schedules to this Agreement which will have been updated and marked to show any changes occurring between the date of this Agreement and the date of delivery; provided, however, that for purposes of Seller's representations and warranties and covenants in this Agreement, all references to the Schedules will mean the version of the Schedules attached to this Agreement on the date of signing, and provided further that if the effect of any such updates to Schedules is to disclose any one or more additional properties, privileges, rights, interests or claims as Assets, Buyer, at or before Closing, will have the right (to be exercised by written notice to Seller) to cause any one or more of such items to be designated as and deemed to constitute Excluded Assets for all purposes under this Agreement.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Jones Cable Income Fund 1-B LTD), Asset Purchase Agreement (Jones Cable Income Fund 1-C LTD), Asset Purchase Agreement (Jones Cable Income Fund 1-C LTD)

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Updated Schedules. Not later less than ten 10 Business Days prior to the ----------------- expected projected Closing Date, Seller will deliver to Buyer revised copies of all each of the Schedules, except for Schedules to this Agreement which will have been 4.15 and 4.16, in each case updated and marked to show any changes occurring between the date of this Agreement and the date of delivery; provided, however, that for purposes of Seller's representations and warranties and covenants in this Agreement, all references to the Schedules will mean the version of the Schedules attached to this Agreement on the date of signing, and provided further provided, further, that if the effect of any such updates to Schedules is to disclose any one or more additional properties, privileges, rights, interests or claims not included on the Schedules as Assetsof the date of this Agreement, Buyer, at or before Closing, Buyer will have the right (to be exercised by written notice to SellerSeller at or before the Closing) to cause any one or more of such items to be designated as and deemed to constitute Excluded Assets for all purposes under this Agreement unless such items are Contracts that were not required to be scheduled or that were entered into after the date of this Agreement in accordance with the terms of this Agreement.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Mediacom Communications Corp), Asset Purchase Agreement (Mediacom Communications Corp), Asset Purchase Agreement (Mediacom Communications Corp)

Updated Schedules. Not later less than ten Business Days five business days prior to the ----------------- expected Closing DateClosing, Seller will deliver to Buyer revised copies of all Schedules to this Agreement 1 through 11 which will shall have been updated and marked to show any changes occurring between the date of this Agreement and the date of delivery; provided, however, that for purposes of Seller's representations and warranties and covenants in this Agreement, all references to the Schedules will mean the version of the Schedules attached to this Agreement on the date of signing, and provided further that if the effect of any such updates to Schedules is to disclose any one or more additional properties, privileges, rights, interests or claims as Assets, Buyer, at or before Closing, will have the right (to be exercised by written notice to Seller) to cause any one or more of such items to be designated as and deemed to constitute Excluded Assets for all purposes under this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (General Communication Inc), Asset Purchase Agreement (General Communication Inc)

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Updated Schedules. Not later less than ten five Business Days prior to the ----------------- expected Closing DateClosing, Seller Sellers will deliver to Buyer revised copies of all Schedules to this Agreement 1 through 10 which will shall have been updated and marked to show any changes occurring between the date of this Agreement and the date of delivery; provided, however, that for purposes of each Seller's representations and warranties and covenants in this Agreement, all references to the Schedules will mean the version of the Schedules attached to delivered with this Agreement on the date of signing, and provided further that if the effect of any such updates to Schedules is to disclose any one or more additional properties, privileges, rights, interests or claims as Assets, Buyer, at or before Closing, will have the right (to be exercised by written notice to SellerSellers) to cause any one or more of such items to be designated as and deemed to constitute Excluded Assets for all purposes under this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Frontiervision Holdings Capital Corp)

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