All Assets. The properties and assets of the Company as of the date hereof and the Closing Date include (i) all properties and assets whether or not reflected on the balance sheet included in the Financial Statements, including Licenses, Permits, Leases, Contracts, customer lists, goodwill and any other tangible or intangible assets as disclosed in the Schedules attached to this Agreement, and (ii) assets and properties acquired by the Company after the Financial Statement Date up to and including the Closing Date as set forth in SCHEDULE 4.1(l) which will be updated immediately prior to Closing, other than such properties and assets as shall have been transferred or otherwise disposed of by the Company in the ordinary course of business as shall be disclosed in SCHEDULE 4.1(l).
Appears in 2 contracts
Sources: Merger Agreement (Convergent Communications Inc /Co), Merger Agreement (Convergent Communications Inc /Co)
All Assets. The properties and assets of the Company as of the date hereof and the Closing Date include (i) all properties and assets whether or not reflected on the balance sheet included in the Financial Statements, including Licenses, Permits, Leases, Contracts, customer lists, goodwill and any other tangible or intangible assets as disclosed in the Schedules attached to this Agreement, and (ii) assets and properties acquired by the Company after the Financial Statement Date up to and including the Closing Date as set forth in SCHEDULE 4.1(l) which will be updated immediately prior to Closing, other than such properties and assets as shall have been transferred or otherwise disposed of by the Company in the ordinary course of business as shall be disclosed in SCHEDULE 4.1(l) (collectively, the "Assumed Assets").
Appears in 1 contract
Sources: Merger Agreement (Convergent Communications Inc /Co)