Certain Equipment. Attachment A to Exhibit 2.1(d): Certain Equipment shall be deleted in its entirety and replaced with Annex D.
Certain Equipment. 23 SECTION 5.08 Taxes......................................................... 23 SECTION 5.09
Certain Equipment. Purchaser agrees that as soon as practicable following the Closing, but in any event within 60 days thereafter, it will arrange, at Purchaser's sole expense and risk, to have the items of Personal Property listed on Schedule 1.01(c) which are located at 200 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, xxsmantled and removed from such location. Until such Personal Property is so dismantled and removed, Purchaser shall reimburse Seller (a) for all rent owing in respect of Studio E and (b) for a pro-rata portion of rent owing with respect to the Twelfth Floor based upon the percentage of square footage on the Twelfth Floor used to house such Personal Property.
Certain Equipment. SCHEDULE 4.13 sets forth the equipment included in the Purchased Assets which is located in Bonneval, France (the "BONNEVAL EQUIPMENT") and Morristown, Tennessee (the "MORRISTOWN EQUIPMENT"). With respect to the Bonneval Equipment, the Company and the Buyer shall act in accordance with Schedule 4.13. With respect to the Company's premises in Morristown, Tennessee known as "Plant C", the Company and the Buyer shall enter into a lease in the form of EXHIBIT 4.13 (the "MORRISTOWN LEASE").
Certain Equipment. Reference is made to the fact that the current ----------------- tenant in the Building has equipped the same with a diesel generator and certain kitchen equipment. If and to the extent such equipment is left in the Building upon vacancy by the existing tenant, Landlord shall lease such equipment to Tenant as part of the personal property contained in the Premises.
Certain Equipment. Sentinel shall be responsible for the management, maintenance, monitoring and repair of the power plant, all generators, power distribution units, UPS, batteries, switch gear, chillers, coolers, CRAC units and all associated plumbing, piping and electrical upstream of and including the PDU’s and CRAC’s at the Property. Sentinel shall, upon the reasonable request of Customer, provide evidence that the foregoing are being properly maintained. All of the Services and elements which are to be provided by Sentinel under this Paragraph 4 shall be at no additional cost to Customer.
Certain Equipment. As further consideration to Meteny, RI agrees that ----------------- he may retain the following items of equipment which he was using as of August 19, 1999: laptop computer, cell phone, "Palm Wizard", printer for laptop computer, fax machine and calling card. With respect to Meteny's usage of the cell phone and calling card, for the period until August 19, 2000, RI shall reimburse Meteny for charges incurred by Meteny for such usage relating to RI business and efforts by Meteny to obtain employment.
Certain Equipment. All of the Equipment set out in the DML Asset Acquisition Invoice (which is deemed incorporated herein by reference) SCHEDULE 2 Intellectual Property Part I Patent and Patent Applications SEE ATTACHED SCHEDULES Part II Trade Marks Applications and Registrations “NEUROTREND” NO. E717686REGISTERED (COMMUNITY TRADE XXXX) “NEOTREND” NO. E717348REGISTERED (COMMUNITY TRADE XXXX) “PARATREND” NO. 1448637REGISTERED (UK TRADE XXXX) “CONTINUCATH 1000” “CAL-POD” “CARDIOMET 4000” + 1255926 NO. 1293369REGISTERED (UK TRADE XXXX) NO. 1254258REGISTERED (UK TRADE XXXX) NOS. 1254259 REGISTERED (UK TRADE XXXX) Part III Registered Designs and Applications Therefor NONE Part IV Copyright Works and Unregistered Designs NONE Part V Other Intellectual Property NONE Part VI Intellectual Property Licences NONE SCHEDULE 3 Receivables Account(s) NONE SCHEDULE 4 Details of Policies NONE SCHEDULE 5 Assignments Part A1 Form of Notice of Assignment of Receivables To: [?] [Debtor/Third Party] [?] [Address] [?] [Date] Dear Sirs We hereby give you notice that we have assigned by way of security pursuant to the terms of a debenture dated [?] (such debenture, as the same may from time to time be amended, varied, supplemented, novated or replaced being referred to as the “Debenture”) between ourselves and BCC Acquisition II LLC (or any successor or replacement thereof) as Agent for and on behalf of certain secured creditors (the “Agent”) all our rights, title and interest in and to the [?]. We irrevocably and unconditionally instruct and authorize you (notwithstanding any previous instructions which we may have given you to the contrary and without requiring you to make any reference to or seek any further authority from us or to make any enquiry as to the justification for or validity of any notice, statement, requirement or direction) as follows:
Certain Equipment. (a) Sellers acquired certain CT equipment prior to Closing and paid a portion of the purchase price for the equipment at the time the equipment was acquired (the portion of the purchase price so paid has been recorded by Sellers as a prepaid expense). At Closing Sellers will pay the balance of the purchase price for the equipment. Purchasers agreed to reimburse Sellers at Closing for the cost of purchasing the equipment (including the prepaid amount), as set forth on Exhibit A, and Sellers agreed to treat the amount so reimbursed to Sellers by Purchasers (including the prepaid amount) as a capital expenditure made by Purchasers "from and after the Closing Date of the Transaction" within the meaning of Section 12.18 of the Agreement.
Certain Equipment. Each Party acknowledges that Xxxxxxx is currently using a certain roller-compactor (the "MACHINE") leased by NitroMed from a third party. Xxxxxxx shall have the right to continue to use the Machine throughout the Term. Until such time as Xxxxxxx assumes the lease applicable to the Machine or purchases the Machine, as contemplated below, (i) NitroMed shall be solely responsible for the cost of all required maintenance and repair of the Machine and (ii) anything to the contrary notwithstanding, any failure by Xxxxxxx to meet its obligations hereunder shall be excused to the extent that such failure is attributable to the malfunction or disrepair of the Machine, provided that such malfunction or disrepair is not attributable to any negligent or wrongful act or omission by Xxxxxxx. Xxxxxxx shall not use the Machine for the production of any product other than the Product unless and until NitroMed either sells the Machine to Xxxxxxx or causes the lease covering the Machine to be assigned to Xxxxxxx or an alternative arrangement has been made, as contemplated below. If so requested by Xxxxxxx during the Term or upon the expiration or termination of the Term, NitroMed shall either sell the Machine to Xxxxxxx for the then-current fair market value thereof or, if applicable, use its reasonable best efforts to cause the lease covering the Machine to be assigned to Xxxxxxx, provided, however, that if such lease cannot be assigned to Xxxxxxx, the Parties shall agree upon alternative arrangements to permit Xxxxxxx to continue to use the Machine for products other than the Product.
