Common use of Executory Agreements Clause in Contracts

Executory Agreements. The rights of Seller to the extent such rights -------------------- relate exclusively to the Business under any executory agreement to which Seller is a party in relation to the Business (excluding any agreement giving rise to an Excluded Liability), including, without limitation, those listed or described on Schedule 5.16(A), and the following, if any: any ---------------- distribution agreement, license agreement, promissory note, guaranty, loan agreement, security agreement, indemnity agreement, subordination agreement, indenture, mortgage, lease (whether or not capitalised and including, without limitation, those listed in Schedule 5.11), conditional ------------- sale or title retention agreement, any purchase order or contract with any customer or supplier of Seller relating exclusively to the Business to the extent that such purchase order or contract is not fulfilled by Seller on the Closing Date;

Executory Agreements. The rights of Seller to the extent such -------------------- rights -------------------- relate exclusively to the Business under any executory agreement to which Seller is a party in relation to the Business (excluding any agreement giving rise to an Excluded Liability), including, without limitation, those listed or described on Schedule 5.16(A)5.17, and ------------- the following, if any: any ---------------- distribution agreement, license agreement, promissory note, guarantyguarantee, loan agreement, security agreement, indemnity agreement, subordination agreement, indenture, mortgage, lease (whether or not capitalised capitalized and including, without limitation, those listed in Schedule 5.115.12), conditional ------------- sale or title retention agreement, any purchase order or contract with any customer or supplier of Seller relating exclusively to the Business to the extent that such purchase order or contract is not fulfilled by Seller on the Closing Date;

Executory Agreements. The rights of Seller to the extent such rights -------------------- relate exclusively to the Business under any executory agreement to which Seller is a party in relation to the Business (excluding any agreement giving rise to an Excluded Liability), ) including, without limitation, those listed or described on Schedule 5.16(A), and the following, if any: any ---------------- distribution agreement, license licence agreement, promissory note, guarantyguarantee, loan agreement, security agreement, indemnity agreement, subordination agreement, indenture, mortgage, lease (whether or not capitalised capitalized and including, without limitation, those listed in Schedule 5.11), conditional ------------- sale or title retention agreement, any purchase order or contract with any customer or supplier of Seller relating exclusively to the Business to the extent that such purchase order or contract is not fulfilled by Seller on the Closing Date;