Common use of Certain Excluded Assets Clause in Contracts

Certain Excluded Assets. Notwithstanding any other provision of this Agreement to the contrary, the Acquired Assets shall not include the following assets of Sellers (collectively, the “EXCLUDED ASSETS”): (a) all cash on hand or on deposit; (b) rights under agreements with suppliers (other than Assigned Contracts); (c) minute books, stock ledgers and other corporate records of any Seller; (d) assets held in any employee benefit plan of any Seller; (e) the Excess Inventory; and (f) the Excluded Accounts Receivable.

Certain Excluded Assets. Notwithstanding any other provision of this Agreement to the contrary, the Acquired Assets shall not include the following assets of Sellers (collectively, the “"EXCLUDED ASSETS”"): (a) all cash on hand or on deposit; (b) rights under agreements with suppliers (other than Assigned Contracts); (c) minute books, stock ledgers and other corporate records of any Seller; (d) assets held in any employee benefit plan of any Seller; (e) the Excess Inventory; and (f) the Excluded Accounts Receivable.