Assignment of Certain Contracts. At the Closing, Buyer shall succeed to the rights and privileges of Seller, and shall assume the express obligations of Seller, performable after the Closing pursuant to the Seller's contracts, and other agreements listed in Exhibit A. Without limiting the generality of the foregoing, Buyer shall not assume and shall have no liability with respect to any of the Seller's obligations, under any contract (a) other than a contract assigned and listed as an asset in Exhibit A, (b) required to be performed by Seller, under an assigned contract on or prior to the Closing, except to the extent that such obligation is set forth as an Assumed Liability hereunder, or (c) arising out of any breach of any breach of an assigned Contract on or before the Closing. .
Appears in 1 contract
Sources: Purchase Agreement (Cryocon Inc)
Assignment of Certain Contracts. At the Closing, Buyer shall succeed to the rights and privileges of Seller, and shall assume the express obligations of Seller, performable after the Closing pursuant to the Seller's contracts, and other agreements listed in Exhibit A. Without limiting the generality of the foregoing, Buyer shall not assume and shall have no liability with respect to any of the Seller's obligations, under any contract (a) other than a contract assigned and listed as an asset in Exhibit A, (b) required to be performed by Seller, under an assigned contract on or prior to the Closing, except to the extent that such obligation is set forth as an Assumed Liability hereunder, or (c) arising out of any breach of any breach of an assigned Contract on or before the Closing. .
Appears in 1 contract
Sources: Purchase Agreement (Cryocon Inc)