Selection of Contracts. Each Pledged Contract was selected in accordance with the Contract Selection Methodology, and was not selected in a manner intended to, or that could reasonably be expected to, adversely affect the interests of the Program Agent or any Secured Party.
Selection of Contracts. When delivered, each of Part I to Schedule 2.3(a), Part II to Schedule 2.3(a), Schedule 2.3(b) and Schedule 2.3(c) shall indicate, with respect to each Contract set forth thereon, whether (x) the Sellers are capable of assuming and assigning such Contract to Buyer or its Designee pursuant to Section 365 of the Bankruptcy Code or (y) the consent of a third party is required pursuant to applicable Law or the terms of such Contract in order to affect an assignment thereof the Buyer or its Designee; provided that the fact that any Scheduled Financing Lease or Scheduled Operating Lease described in Schedules 2.3(a)(ii) or 2.3(a)(iii) or network Contract described in Section 2.3(b) contains provisions that would not be severable absent consent from a counterparty shall not by itself require the Seller to designate such Contract as the type described in this clause (y). On or before the seventh Business Day prior to the date of the Primary Sale Hearing, Parent and the Buyer will notify Exodus, in accordance with the terms of this Agreement, of the Contracts set forth on Part I of Schedule 2.3(a), Schedule 2.3(b) and Schedule 2.3(c) which, based on the designations contained in such Schedules, Parent and the Buyer desire either (A) to have the Sellers assume and assign to the Buyer or its Designee pursuant to Section 365 of the Bankruptcy Code (each such Contract, together with the Assumed Leases and the Primary Selected Operating Leases, a "Primary 365 Contract" and collectively the "Primary 365 Contracts") or (B) if not capable of being assumed and assigned pursuant to clause (A), to have the Sellers assign to the Buyer or its Designee as required by, and in the manner set forth in, Section 7.3(f) (each such Contract, a "Primary Non 365 Contract" and collectively, the "Primary Non 365 Contracts" and the Primary 365 Contracts and the Primary Non 365 Contracts, collectively, the "Primary Assigned Contracts"). On or before the seventh Business Day prior to the date of the Secondary Sale Hearing, Parent and the Buyer will notify Exodus, in accordance with the terms of this Agreement, of the Contracts set forth on Part II of Schedule 2.3(a) which, based on the designations contained in such Schedule, Parent and the Buyer desire either (A) to have the Sellers assume and assign to the Buyer or its Designee pursuant to Section 365 of the Bankruptcy Code (each such Contract, together with the Secondary Selected Operating Leases, a "Secondary 365 Contract" and collectivel...
Selection of Contracts. (1) NRCS will determine whether the application meets the eligibility criteria, and will place applications into an enrollment category and subcategory based on the criteria specified in the sign-up notice and into a Tier based on the criteria in 1469.5(e). Enrollment categories will be funded in the order designated in the sign-up notice until the available fund- ing is exhausted. NRCS will determine the number of categories that can be funded in accordance with the sign-up notice, and will inform the applicant of its determinations.
Selection of Contracts. At any time, on or before the third Business Day prior to the auction held pursuant to the Procedures Order, Purchaser may notify Sellers which of the Executory Contracts Purchaser chooses not to accept an assignment in connection with the transactions contemplated by this Agreement.
