Xxxxx Assets. As used in this Agreement, the “Xxxxx Assets” shall mean all real and personal properties, assets and interests that are part of the Xxxxx Estate, including all real and personal properties, assets and interests described on the Xxxxx Statement of Assets and Liabilities. Without limiting the foregoing, the “Xxxxx Assets” shall include all of Xxxxx’x right, title and interest in, to or under the following (it being expressly understood that some of the following are interests in properties in which Xxxxx is a joint interest owner with LINN and that all references to Schedules in this Section 3.1(B) are for information purposes only and shall not expand or diminish the property of the Xxxxx Estate or the LINN Estate, as applicable):
Xxxxx Assets. All of the assets, properties, privileges, ------------ rights, interests and claims, real and personal, tangible and intangible, of every type and description that are owned, leased, held, used or useful in the Xxxxx Cable Business in which Xxxxx has any right, title or interest or in which Xxxxx acquires any right, title or interest on or before the Closing Time that are not Xxxxx Excluded Assets, including the Xxxxx Tangible Personal Property, Xxxxx Owned Real Property, Xxxxx Leased Property, Xxxxx Real Property Interests, Xxxxx System Franchises, Xxxxx System Licenses and Xxxxx System Contracts, Xxxxx Books and Records and the Xxxxx Intangibles, but excluding any Xxxxx Excluded Assets.
Xxxxx Assets. Husband and Wife have created in [State] and have funded a trust called the [3] Trust under agreement dated ___________, 19____. The assets in such trust are all community property except only to the extent demonstrably separate property of one or the other parties as shown by an instrument or instruments in writing.
Xxxxx Assets. The principal of the Trust and any earnings thereon shall be held separate and apart from other funds of Sponsor and shall be used exclusively for the uses and purposes of Participants and general creditors as herein set forth. Participants and their beneficiaries shall have no preferred claim on, or any beneficial ownership interest in, any assets of the Trust. Any rights created under the Plan and this Trust Agreement shall be mere unsecured contractual rights of Participants and their beneficiaries against Sponsor. Any assets held by the Trust will be subject to the claims of Sponsor’s general creditors under federal and state law in the event of Insolvency. For federal tax purposes, Sponsor is the owner of the Trust assets.
Xxxxx Assets. Upon the Closing, the Seller shall have conveyed, transferred and assigned to the Buyer all assets, contracts and information with respect to the Xxxxx Assets required to be delivered pursuant to this Agreement, which will allow the Buyer to operate the Xxxxx Assets after the Closing Date in the manner reasonably conducted and utilized by the Seller prior to the Closing Date.
Xxxxx Assets. As used in this Agreement, the “Xxxxx Assets” shall mean all real and personal properties, assets and interests that are part of the Xxxxx Estate, including all real and personal properties, assets and interests described on the Xxxxx Statement of Assets and Liabilities. Without limiting the foregoing, the “Xxxxx Assets” shall include all of Xxxxx’x right, title and interest in, to or under the following (it being expressly understood that some of the following are interests in properties in which Xxxxx is a joint interest owner with LINN and that all references to Schedules in this Section 3.1(B) are for information purposes only and shall not expand or diminish the property of the Xxxxx Estate or the LINN Estate, as applicable):
(i) the Leasehold Interests and Mineral Interests summarized on the Xxxxx Statement of Assets and Liabilities and as further described on Schedule 1, and Xxxxx’x interest in the Leases and lands included in any units with which such Leasehold Interests and Mineral Interests (or the lands covered thereby) may have been pooled, unitized, or communitized (collectively, the “Xxxxx Leasehold and Mineral Interests”);
(ii) the interests in oil, gas, water, disposal, observation, or injection xxxxx located on or traversing the Xxxxx Leases and Mineral Interests, whether producing, non-producing, plugged, unplugged, shut-in, or temporarily abandoned, as described on Schedule 2 (collectively, the “Xxxxx Xxxxx”, and together with the Xxxxx Leasehold and Mineral Interests, the “Xxxxx Properties”);
(iii) the Hydrocarbons in storage above a custody transfer point; and
(iv) the office leases, field offices, and storage yards described on the Xxxxx Statement of Assets and Liabilities and as further described on Schedule 3 (collectively, the “Xxxxx Facilities”). For the avoidance of doubt, the Parties acknowledge and agree that from and after the Effective Date, Xxxxx shall continue to be responsible for all Liabilities attributable to or arising from the Xxxxx Assets except as otherwise provided in this Agreement and except for any such Liabilities discharged or otherwise released pursuant to or in connection with the Xxxxx Consensual Plan or the LINN Consensual Plan.
Xxxxx Assets. The Xxxxx Assets shall consist of the entire right, title and interest of Xxxxx in and to all those items used by Xxxxx in carrying on the Operations, other than the Excluded Xxxxx Assets and the SLEC Assets. Without limiting the generality of the foregoing, the Xxxxx Assets include:
(a) WORKING CAPITAL ASSETS. Being all current assets of Xxxxx of the nature and type listed on Schedule 3.2(a) attached, including, without limitation:
(i) All inventories and supplies of Xxxxx;
(ii) All accounts receivable of Xxxxx;
(iii) All Prepaid Expenses;
(iv) All cash and other securities of Xxxxx; and
(v) Recoverable forestry.
