SUNS Assets definition
SUNS Assets means only the following Assets (without duplication):
(i) all SUNS Contracts, and any rights or claims (whether accrued or contingent) of AFC Gamma, SUNS, or any of their respective Affiliates, arising thereunder;
(ii) all Assets owned, leased or held by AFC Gamma, SUNS, or any of their respective Affiliates immediately prior to the Effective Time that are used primarily or held for use primarily in the SUNS Business, including inventory, accounts receivable, goodwill, interests in real estate and all Assets reflected on the SUNS Balance Sheet, or the accounting records supporting such balance sheet and any Assets acquired by or for the SUNS Business subsequent to the date of such balance sheet which, had they been so acquired on or before such date and owned as of such date, would have been reflected on such balance sheet if prepared on a consistent basis, subject to any disposition of any of the foregoing Assets subsequent to the date of such balance sheet;
(iii) the Assets listed or described on Schedule 1.1(80)(iii) and any and all Assets that are expressly contemplated by this Agreement or any Ancillary Agreement as Assets to be retained by, or assigned or transferred to any member of the SUNS Group; and
(iv) all SUNS Accounts, and, subject to the provisions of Section 2.3, all cash, Cash Equivalents, and securities on deposit in such accounts immediately prior to the Effective Time, after giving effect to any withdrawal by, or other distribution of cash to, AFC Gamma or any member of the AFC Gamma Group which may occur at or prior to the Effective Time. Notwithstanding the foregoing, the SUNS Assets shall in no event include:
(A) the Assets listed or described on Schedule 1.1(80)(iv)(A); or
(B) any Assets that are expressly contemplated by this Agreement or any Ancillary Agreement as Assets to be retained by, transferred or assigned to, any member of the AFC Gamma Group, including Assets leased, owned or held by AFC Gamma, SUNS, or any of their respective Affiliates immediately prior to the Effective Time that are used primarily or held for use primarily in the AFC Gamma Business.
SUNS Assets shall have the meaning specified in the Separation and Distribution Agreement.
SUNS Assets means only the following Assets (without duplication):