Common use of Avoidance Actions Clause in Contracts

Avoidance Actions. Within 120 days after the Closing Date, Buyer shall exclude any Person from Schedule ‎2.01(n) with whom it is not necessary, as determined by Buyer in its reasonable discretion, for Buyer to conduct business in order to operate the Purchased Business. Buyer may also add any Person to such revised Schedule ‎2.01(n) that was not included on such schedule at Closing; provided, that no Person shall be added to such schedule without the prior written (electronic or otherwise) consent (not to be unreasonably withheld) of the Sellers’ Representative (in consultation with the unsecured creditors’ committee). If there are any changes to Schedule ‎2.01(n) pursuant to the preceding two sentences, Buyer shall deliver a revised version of Schedule ‎2.01(n) to the Sellers.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Contura Energy, Inc.), Asset Purchase Agreement (Contura Energy, Inc.)

Avoidance Actions. Within 120 days after the Closing Date, Buyer shall exclude any Person from Schedule ‎2.01(n2.01(n) with whom it is not necessary, as determined by Buyer in its reasonable discretion, for Buyer to conduct business in order to operate the Purchased Business. Buyer may also add any Person to such revised Schedule ‎2.01(n2.01(n) that was not included on such schedule at Closing; provided, that no Person shall be added to such schedule without the prior written (electronic or otherwise) consent (not to be unreasonably withheld) of the Sellers’ Representative (in consultation with the unsecured creditors’ committee). If there are any changes to Schedule ‎2.01(n2.01(n) pursuant to the preceding two sentences, Buyer shall deliver a revised version of Schedule ‎2.01(n2.01(n) to the Sellers.

Appears in 1 contract

Sources: Asset Purchase Agreement (Alpha Natural Resources, Inc.)