Calvert Assets definition
Calvert Assets means an▇ ▇▇▇▇▇ of ATAPCO or any Subsidiary of ATAPCO that is not an ATRECO Asset, a Baltimore Management Asset, a Gateway Asset or a New ATAPCO Asset, including but not limited to:
(i) those Assets identified on Schedule 1.1(aq)(i) hereto, all such Assets expressly intended by this Agreement to be held and owned by members of the Calvert Group immediately fol▇▇▇▇▇▇ the Effective Time;
(ii) subject to Article X, any rights of any member of the Calvert Group under ▇▇▇ ▇▇ the Calvert Policies or Calvert S▇▇▇▇▇ ▇olicies, ▇ncluding any rights thereunder arising after the Exchange Date in respect of any Policies that are occurrence Policies with respect to occurrences that are prior to the Effective Time;
(iii) any Calvert Contracts, any rights ▇▇ ▇▇▇ims arising thereunder, and any other rights or claims or contingent rights or claims primarily relating to or arising from any Calvert Asset or Ca▇▇▇▇▇ ▇usiness;
(▇▇) ▇▇y Assets reflected on the Calvert Balance Sheet or the accounting records supporting such balance sheet; and
(v) any and all Assets owned or held immediately prior to the Effective Time by ATAPCO or any of its Subsidiaries (including ATRECO, Gateway and their Subsidiaries) primarily relating to or used in the Calvert Business. The intent▇▇▇ ▇▇ this clause (v) is only to rectify any inadvertent omission of transfer or conveyance of any Asset that, had the parties given specific consideration to such Asset as of the date hereof, would have otherwise been classified as a Calvert Asset. No Asset shal▇ ▇▇ ▇▇emed to be a Calvert Asset solely as a res▇▇▇ ▇▇ this clause if such Asset is within the category or type of Asset expressly covered by the subject matter of an Ancillary Agreement. In addition, no Asset shall be deemed a Calvert Asset solely as a res▇▇▇ ▇▇ this clause (v) unless a claim with respect thereto is made by Calvert or on behal▇ ▇▇ ▇▇lvert by New ATAPCO, ATRECO ▇▇ ▇▇▇eway on or prior to the first anniversary of the Exchange Date. Notwithstanding the foregoing clauses (i) to (v), the Calvert Assets shal▇ ▇▇ ▇▇y event exclude any and all Assets that are expressly contemplated by this Agreement or any Ancillary Agreement (or the Schedules hereto or thereto) as Assets to be retained by or transferred to any member of the New ATAPCO Group, the ATRECO Group, the Gateway Group or the Baltimore Management Group. In the event of any inconsistency or conflict which may arise in the application or interpretation of any of the foregoing provisions, fo...