Commingled Contracts definition

Commingled Contracts has the meaning set forth in Section 6.5(b)(i).
Commingled Contracts means any Contract pursuant to which a third party that is not an Affiliate of FCB or any of its Subsidiaries provides or receives services or benefits in respect of both (a) the Business and (b) the Retained Business.
Commingled Contracts has the meaning specified in Section 8.12(a).

Examples of Commingled Contracts in a sentence

  • Promptly after the date hereof, the Sellers shall, and shall cause each of their Subsidiaries to, use commercially reasonable efforts to identify all Internal RCAP Commingled Contracts, provide a schedule of such identified Internal RCAP Commingled Contracts to Apollo, and supplement such schedule from time to time after the initial delivery thereof if additional Internal RCAP Commingled Contracts are subsequently identified.

  • General 16 Section 2.2 Transfer of Assets and Assumption of Liabilities 16 Section 2.3 Treatment of Commingled Contracts 19 Section 2.4 Termination of Intercompany Contracts 19 Section 2.5 Intercompany Accounts 20 Section 2.6 Nonassignability of Assets and Liabilities 20 Section 2.7 Wrong Pockets 22 Section 2.8 Novation of Liabilities.

  • Schedule 7.3 sets forth a list of all Commingled Contracts for the supply of products or services which obligates the Seller or its Subsidiaries to make annual payments allocable to the Business in excess of $250,000.

  • Section 3.23 of the Company Disclosure Schedules sets forth a correct and complete list of all Commingled Contracts as of the date hereof.

  • Section 3.18 of the Seller Disclosure Letter sets forth all Material Commingled Contracts as of the Effective Date.

  • To the extent permitted by applicable Law, Seller shall (and shall cause its Affiliates to) exercise, enforce and exploit, only at the direction and cost of and for the benefit of Buyer any and all claims, rights and benefits as they relate to the Business with respect to the Commingled Contracts that have not yet been assigned or replaced with a New Contract.

  • The Parties have determined that it is advisable that the Excluded Commingled Contracts be separated into separate Contracts between the applicable third party and each of (i) the business retained by Seller and its Affiliates (including the Conveyed Companies) and (ii) the Business.

  • Seller shall use reasonable best efforts to, within sixty (60) days of the date hereof, provide Purchaser with a list of all Material Commingled Contracts and true, correct and complete copies of all Material Commingled Contracts and all amendments thereto.

  • From and after the date hereof, the Parties shall take actions reasonably necessary to allocate rights and obligations under such Commingled Contracts in accordance with the foregoing.

  • Following such time period, unless otherwise agreed pursuant to the transition or separation plan referenced above, the parties and their respective Affiliates (including the Company Group Members) may, in its or their sole discretion, terminate, or materially decrease or discontinue its or their use or purchase of goods and services under, any of such Commingled Contracts, other than the Commingled Contracts set forth on Schedule 8.12(b).


More Definitions of Commingled Contracts

Commingled Contracts means the Contracts (including Contracts with customers and suppliers) to which Seller and/or its Affiliates are party that are related to both the Business and other businesses of Seller. “Commingled Contracts” shall include any Contracts between the Seller and/or its Affiliates, on the one hand, and product or service supplier, provider, vendor, contractor, or subcontractor, on the other hand, that both (a) serve or are otherwise related to the PSA Sites and (b) serve or are otherwise related to the Japan Plant and the Canada Retreading Site (as such terms are defined in the Seller Disclosure Letter) (including, for the avoidance of doubt, such Contracts that are Related to the Business).
Commingled Contracts shall include any Contracts between the Seller and/or its Affiliates, on the one hand, and product or service supplier, provider, vendor, contractor, or subcontractor, on the other hand, that both (a) serve or are otherwise related to the PSA Sites and (b) serve or are otherwise related to the Japan Plant and the Canada Retreading Site (as such terms are defined in the Seller Disclosure Letter) (including, for the avoidance of doubt, such Contracts that are Related to the Business).

Related to Commingled Contracts

  • Transferred Contracts has the meaning ascribed to it in Section 2.1(c).

  • Acquired Contracts has the meaning given in Section 2.1(a).

  • Shared Contracts has the meaning specified in Section 4.12(b).

  • Assigned Contracts has the meaning set forth in Section 2.01(c).

  • Scheduled Contracts has the meaning set forth in Section 4.16.

  • Seller Contracts means all contracts, agreements and leases, other than those that are Governmental Permits, to which Seller is a party and pertain to the ownership, operation or maintenance of the Assets or the Business, including those described on Schedule 1.8.

  • Assumed Contracts has the meaning set forth in Section 2.1(d).

  • Related Contracts is defined in clause (c) of Section 2.1.

  • Purchased Contracts has the meaning set forth in Section 2.1.1(a).

  • Retained Contracts shall have the meaning set forth in Section 1.2(i).

  • Applicable Contracts has the meaning set forth in Section 2.15(a).

  • Supply Contracts means contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A supply contract may include, as an incidental matter, siting and installation operations;

  • New Contracts means binding new agreements or amendments to existing agreements with customers.

  • Transferred Real Property means (a) the Transferred Owned Real Property and (b) the premises that is subject to the Transferred Real Property Leases.

  • Hotel Contracts shall have the meaning set forth in Section 10.2(d).

  • Project Contracts means collectively this Agreement, the Land Lease Agreement, the Construction Contract, O&M Contracts (if any) and any other material contract (other than the Financing Documents) entered into or may hereafter be entered into by the Concessionaire in connection with the Project;

  • Excluded Assets has the meaning set forth in Section 2.02.

  • Assigned Contract shall have the meaning set forth in Section 1.1(b).

  • Specified Contracts has the meaning set forth in Section 4.13(a).

  • Included Assets has the meaning in Section 5.1(d)(ii)(A).

  • Affiliate Contracts shall have the meaning set forth in Section 4.11(b).

  • Customer Contracts has the meaning set forth in Section 2.1(b)(ii)(A).

  • Excluded Contracts has the meaning set forth in Section 2.02(a).

  • Business Contracts has the meaning ascribed to it in Section 1.01(a)(v).

  • Assets and Properties of any Person means all assets and properties of every kind, nature, character and description (whether real, personal or mixed, whether tangible or intangible, whether absolute, accrued, contingent, fixed or otherwise and wherever situated), including the goodwill related thereto, operated, owned, licensed or leased by such Person, including cash, cash equivalents, Investment Assets, accounts and notes receivable, chattel paper, documents, instruments, general intangibles, real estate, equipment, inventory, goods and Intellectual Property.

  • IT Contracts means the contracts (whether or not in writing and including those currently being negotiated) under which any third party provides or will provide any element of, or services relating to, the IT Assets, including leasing, hire purchase, licensing, maintenance, website hosting, outsourcing, security, back-up, disaster recovery, insurance, cloud computing and other types of services agreements.