Eliminated Agreement definition
Eliminated Agreement means any Contract or Lease (a) for which the Bankruptcy Court establishes Cure Costs that the Purchaser is not willing to pay as contemplated by paragraph 17(e) of the Sale Procedures Order, (b) that the Bankruptcy Court determines cannot be assumed and assigned, provided that such Contract or Lease (i) is set forth in Part II of Schedule 1.2(a) or Part II of Schedule 1.2(b), respectively, of the Disclosure Letter and (ii) is not, individually or in the aggregate with all other Contracts and Leases described in this clause (b), material to Purchaser, (c) that is a Specified Retail Agreement (in the event the Sellers make the Section 2.2(b) Election) or (d) that is eliminated from Part II of Schedule 1.2(a) or Part II of Schedule 1.2(b), respectively, of the Disclosure Letter pursuant to Section 2.9.
Eliminated Agreement has the meaning set forth in Section 2.9.
Eliminated Agreement has the meaning set forth in Section 2.9. “Encumbrances” means all mortgages, pledges, charges, liens, interests, debentures, trust deeds, claims, encumbrances, of any type whatsoever (whether known or unknown, secured or unsecured or in the nature of setoff or recoupment, ▇▇▇▇▇▇ or inchoate, filed or unfiled, scheduled or unscheduled, noticed or unnoticed, recorded or unrecorded, perfected or unperfected, allowed or disallowed, contingent or non-contingent, liquidated or unliquidated, matured or unmatured, material or nonmaterial, disputed or undisputed, whether arising prior to or subsequent to the commencement of the Seller Chapter 11 Cases, and whether imposed by agreement, understanding, Law, equity, or otherwise, including claims otherwise arising under doctrines of successor liability), assignments by way of security or otherwise, security interests, conditional sales contracts or other title retention agreements, rights of first refusal or similar interests or instruments charging, or creating a security interest in the Purchased Assets or any part thereof or interest therein, and any agreements, leases, licenses, occupancy agreements, options, easements, rights of way, restrictions, executions or other encumbrances (including notices or other registrations in respect of any of the foregoing) affecting title to the Purchased Assets or any part thereof or interest therein.
Examples of Eliminated Agreement in a sentence
Automatically upon the deletion of any Contract or Lease from Schedule 1.2(a) or Schedule 1.2(b) of the Disclosure Letter, as applicable, in accordance with this Section 2.9, it shall be an Eliminated Agreement for all purposes of this Agreement.