Acquired Equipment. Seller has provided or made available to Buyer a true, accurate and complete list of all Equipment of Seller and its Subsidiaries. The Acquired Equipment to the best of Seller's knowledge is functional for the use for which it was intended in the normal operation of the Business and is in good operating condition and repair (ordinary wear and tear excepted).
Acquired Equipment. (A) All fixed assets located at the Xxxxxxxx Mexico Facility (the “Xxxxxxxx Mexico Acquired Equipment”), (B) all manufacturing equipment located at the Commerce City Facility, and (C) all tools, jigs, molds, dies, embossing equipment, “in-store” displays, trade show displays, and signage, wherever located, all as more specifically identified on Disclosure Schedule 2.1(a)(ii) (collectively, the “Acquired Equipment”).
Acquired Equipment. (a) On the Effective Date, Vendor purchased and Phoenix conveyed to Vendor, any and all of Phoenix’s right, title and interest in and to the Existing Owned Equipment pursuant to the Form Quit Claim Xxxx of Sale (the “Acquired Equipment”) attached as Schedule O (Form Quit Claim Xxxx of Sale).
Acquired Equipment. 23 6.3 Financial Responsibility for Equipment............................................................24 6.4 Equipment Access and Operational and Administrative Responsibility................................24 6.5
Acquired Equipment. (a) On the Effective Date, Vendor shall purchase and Phoenix shall convey to Vendor, any and all of Phoenix's right, title and interest in and to certain Existing Owned Equipment (the "Acquired Equipment") listed in Schedule J (Acquired Equipment) for the price set forth in Section 9.1 of Schedule C (Charges) pursuant to the Form Quit Claim Xxxx of Sale attached as Schedule O (Form Quit Claim Xxxx of Sale). _______________________________________________________________________________________________________________ July 29, 2004 Phoenix and Vendor CONFIDENTIAL Page 23 BRMFS1 509411v3 Technology Services Agreement _______________________________________________________________________________________________________________
Acquired Equipment. 1. Developer Workstation: MacPro laptop (asset tag #1631)
Acquired Equipment. 1 1.5. Acquired Inventory..................................................................... 1 1.6.
Acquired Equipment. Purchaser shall pay or reimburse the Sellers for their reasonable costs to complete the fabrication of the Acquired Equipment, which costs shall not exceed [***]. Within the time frames and in accordance with the technology transfer plan contemplated by the Supply Agreement, the Sellers shall, subject to a customary indemnity agreement relating to real property damage, remove from the Sellers’ premises the Acquired Equipment.
Acquired Equipment. If SUPPLIER desires to purchase items to be included as Acquired Equipment, SUPPLIER shall provide a written request to BUYER at least five (5) Business Days prior to the purchase of such items. Such request shall include a quote setting forth the cost of each item. If BUYER agrees in writing to purchase some or all of the items, the approved items shall be deemed to be Acquired Equipment. The purchase price plus the Installed Costs will be amortized over a period of sixty (60) months, payable in monthly installments based upon an interest rate equal to the then-current one (1) year LIBOR rate (U.S. currency) plus one percent (1%) (“Supplier Net Book Value”). SUPPLIER shall provide to BUYER all relevant invoices corresponding to the Acquired Equipment purchased for reimbursing purposes. BUYER shall reimburse SUPPLIER for the cost of the Acquired Equipment according to the invoicing and payment terms in Exhibit C. At termination of work requiring this equipment, the BUYER will reimburse the SUPPLIER for the SUPPLIER Net Book Value not already reimbursed. BUYER shall have the option to purchase such Acquired Equipment from SUPPLIER, such request shall not be unreasonably refused: (a) on an exception basis; or, (b) upon termination of this Agreement, to the extent that SUPPLIER has not recovered payment for Acquired Equipment through amortization of the Supplier Net Book Value, BUYER will either (i) pay SUPPLIER for any such unrecovered amortization and SUPPLIER shall retain ownership or (ii) purchase the Acquired Equipment for a purchase price equal to the SUPPLIER’s Net Book Value. Notwithstanding the above, if SUPPLIER fails to meet BUYER’s cost, quality and delivery objectives, BUYER shall have no obligation to pay for such unrecovered amortization in subsection (i) but may purchase the Acquired Equipment as otherwise described herein in subsection (ii). Upon mutual agreement the Parties may decide to designate an item proposed to be treated as Acquired Equipment as Necessary Equipment, in which case such item will deemed to be Necessary Equipment subject to the below.
Acquired Equipment. 7 3.5 LITIGATION; ORDERS; ETC............................................7 3.6 TAXES..............................................................8 3.7 COMPLIANCE WITH LAWS; GOVERNMENTAL LICENSES; ETC...................8 3.8
