Undisclosed Contract definition

Undisclosed Contract has the meaning given to such term in Section 2.1 of this Agreement.
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Undisclosed Contract shall have the meaning set forth in Section 2.4(b) hereof.
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Undisclosed Contract means any Contract (i) that was required to be listed, but was not listed, on Schedule 3.11(a)(vii) , Schedule 3.11(a)(viii) , Schedule 3.11(a)(ix) , Schedule 3.11(a)(x) , Schedule 3.11(a)(xiii) , Schedule 3.11(a)(xiv) , Schedule 3.11(a)(xviii) or Schedule 3.11(a)(xx) of the Seller Disclosure Letter or (ii) that is entered into by Selling Subsidiary 1 or Selling Subsidiary 2 after the date hereof without the prior written consent of Purchasers pursuant to Section 5.2(a)(xii)and would constitute a Material Contract required to be listed on Schedule 3.11(a)(vii) , Schedule 3.11(a)(viii) , Schedule 3.11(a)(ix) , Schedule 3.11(a)(x) , Schedule 3.11(a)(xiii) , Schedule 3.11(a)(xiv) , Schedule 3.11(a)(xviii) or Schedule 3.11(a)(xx) of the Seller Disclosure Letter had it been in existence as
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Examples of Undisclosed Contract in a sentence

  • If, at any time prior to the Closing Date, any Party becomes aware that any Debtor is a party to any Executory Contract that is not listed on the Original Contract Schedule (each, an “Undisclosed Contract”), within five (5) Business Days of such discovery, the discovering Party will notify the other Parties of such Undisclosed Contract and such Undisclosed Contract will be deemed an “Original Contract” hereunder.

  • If an Undisclosed Contract is discovered after the Cure Notice Deadline, within five (5) Business Days after discovery, Debtors will file with the Bankruptcy Court, and serve, a Cure Notice, in form and substance reasonably satisfactory to Plan Investor and Debtors, to the non-debtor counterparty to the Undisclosed Contract, and use commercially reasonable efforts to have any objections to such supplemental Cure Notice heard at the Confirmation Hearing (or as soon as practicable thereafter).

  • If, at any time after the Closing, Seller or any Selling Subsidiary becomes aware of any Undisclosed Contract that would have been included in the definition of Assumed Contracts, Seller shall notify Purchasers in writing and shall use its commercially reasonable efforts to assign and transfer such Undisclosed Contract if Purchasers so elect in their sole discretion.

  • Notwithstanding the foregoing, and subject to the Bankruptcy Code, if any Undisclosed Contract is entered into after the date of the Bidding Procedures Order and such Undisclosed Contract contains language allowing the applicable Seller Party to assign the contract to Purchaser, then such Undisclosed Contract may be assigned without the entry of a Bankruptcy Court order.


More Definitions of Undisclosed Contract

Undisclosed Contract means any Contract the existence and terms of which were not disclosed to Buyer in reasonable detail prior to the date of Sellers' delivery of the Post-Signing Schedules to Buyer.
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Undisclosed Contract means any Contract (i) that was required to be listed, but was not listed, on Schedule 3.11(a)(vii), Schedule 3.11(a)(viii), Schedule 3.11(a)(ix), Schedule 3.11(a)(x), Schedule 3.11(a)(xiii), Schedule 3.11(a)(xiv), Schedule 3.11(a)(xviii) or Schedule 3.11(a)(xx) of the Seller Disclosure Letter or (ii) that is entered into by Selling Subsidiary 1 or Selling Subsidiary 2 after the date hereof without the prior written consent of Purchasers pursuant to Section 5.2(a)(xii)and would constitute a Material Contract required to be listed on Schedule 3.11(a)(vii), Schedule 3.11(a)(viii), Schedule 3.11(a)(ix), Schedule 3.11(a)(x), Schedule 3.11(a)(xiii), Schedule 3.11(a)(xiv), Schedule 3.11(a)(xviii) or Schedule 3.11(a)(xx) of the Seller Disclosure Letter had it been in existence as of the date hereof. For purposes of this definition, each settlement, conciliation or similar agreement that could reasonably be expected to impose any monetary obligations upon any Conveyed Entity or any Purchased Assets after the date of this Agreement shall be deemed to be required to be listed on Schedule 3.11(a)(xiii) of the Seller Disclosure Letter. For the avoidance of doubt, any Contract entered into with the prior written consent of Purchasers pursuant to Section 5.2(a)(xiii) shall not be an Undisclosed Contract.
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Related to Undisclosed Contract

  • Assumed Contract means any Executory Contract or Unexpired Lease assumed by the Reorganized Debtors in accordance with Article V of the Plan.

  • Assigned Contract has the meaning set forth in Section 1.5(a).

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

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

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

  • Material Contracts has the meaning set forth in Section 3.09(a).

  • Seller Contracts means all Contracts (i) relating to the Business under which Seller has or may acquire any rights or benefits, (ii) relating to the Business under which Seller has or may become subject to any obligation or Liability or (iii) by which any of the Purchased Assets or Assumed Liabilities is or may become bound.

  • Covered contract means a DoD prime contract for an amount exceeding the simplified acquisition threshold, except for a fixed-price contract without cost incentives. The term also includes a subcontract for an amount exceeding the simplified acquisition threshold, except for a fixed-price subcontract without cost incentives under such a prime contract.

  • Seller Contract any Contract (a) under which Seller has or may acquire any rights or benefits; (b) under which Seller has or may become subject to any obligation or liability; or (c) by which Seller or any of the assets owned or used by Seller is or may become bound.

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

  • IP Contracts means all Contracts pursuant to which a party hereto or any of its Affiliates grants or obtains any rights to use Intellectual Property (other than Contracts in which such Intellectual Property is incidental to such Contracts).

  • CFD Contract or "CFD" shall mean a contract which is a contract for difference by reference to fluctuations in the price of the relevant security or index;

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

  • Proposed Contract means the agreement including any other terms and conditions contained in or referred to in this RFP that may be executed between the DBSA and the successful Bidder.

  • Material Contract means any contract or other arrangement (other than Loan Documents), whether written or oral, to which any Credit Party is a party as to which the breach, nonperformance, cancellation or failure to renew by any party thereto could reasonably be expected to have a Material Adverse Effect.

  • Customer Contracts has the meaning set forth in Section 1.1(b)(ii)(A).

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

  • Company IP Contract means any Contract to which the Company is a party or by which the Company is bound, that contains any assignment or license of, or covenant not to assert or enforce, any Intellectual Property Right or that otherwise relates to any Company IP or any Intellectual Property developed by, with, or for the Company.

  • Executory Contracts means executory contracts and unexpired leases as such terms are used in 11 U.S.C. § 365, including all operating leases, capital leases, and contracts to which the Debtor is a party or beneficiary on the Confirmation Date.

  • Group contract means a contract for health care services which by its terms limits eligibility to members of a specified group. The group contract may include coverage for dependents.

  • Material Leases has the meaning set forth in Section 4.21.

  • Specified Contract means any of the following Contracts (together with all exhibits and schedules thereto) to which the Company or any Subsidiary is a party:

  • Company Material Contracts has the meaning set forth in Section 3.18(a).

  • Retained Contracts means all contracts, agreements, leases, software licenses, rights, obligations or other commitments of the Company that (a) arise out of or are related exclusively to any business or operation of the Company other than the Business, or (b) arise out of or are related in any way to the Business and which, in the case of both clauses (a) and (b) herein, are not Transferred Contracts.

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

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