Excluded Assets. Notwithstanding Section 1.1, the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:
Appears in 8 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Phoenix Technologies LTD), Asset Purchase Agreement (Smith Micro Software Inc)
Excluded Assets. Notwithstanding Section 1.12.3, the Acquired Assets shall not include, and Buyer is not acquiring and will not acquire any interest in or purchase, any of the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 7 contracts
Samples: Contribution and Sale Agreement (NGL Energy Partners LP), Contribution and Sale Agreement (NGL Energy Partners LP), Contribution and Sale Agreement (NGL Energy Partners LP)
Excluded Assets. Notwithstanding the provisions of Section 1.12.1, the following assets of Assets shall not include the following, which shall be retained by Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 6 contracts
Samples: Asset Purchase Agreement (Mediacom LLC), Asset Purchase Agreement (Mediacom LLC), Asset Purchase Agreement (Mediacom LLC)
Excluded Assets. Notwithstanding anything to the contrary contained in Section 1.12.1, the following assets of and rights are not Purchased Assets and will be retained by Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 5 contracts
Samples: Asset Purchase Agreement (Sysorex Global Holdings Corp.), Asset Purchase Agreement (Streamline Health Solutions Inc.), Asset Purchase Agreement (Streamline Health Solutions Inc.)
Excluded Assets. Notwithstanding Anything to the contrary in Section 1.11.1 notwithstanding, the Purchased Assets shall exclude the following assets of the Seller (collectively, the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 5 contracts
Samples: Asset Purchase Agreement (Santi Group Inc /Ga), Asset Purchase Agreement (American Disposal Services Inc), Asset Purchase Agreement (Santi Group Inc /Ga)
Excluded Assets. Notwithstanding Section 1.1Sections 1.1 and 1.2, the Purchased Assets shall not include the following assets of Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 4 contracts
Samples: Asset Purchase Agreement (Players International Inc /Nv/), Asset Purchase Agreement (Players International Inc /Nv/), Asset Purchase Agreement (Rosecap Inc/Ny)
Excluded Assets. Notwithstanding Section 1.1The Purchased Assets shall not include, and the Seller shall retain, the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 4 contracts
Samples: Asset Purchase Agreement (American Leisure Holdings, Inc.), Asset Purchase Agreement (Multi Color Corp), Asset Purchase Agreement (Journal Communications Inc)
Excluded Assets. Notwithstanding the generality of Section 1.12.1, the following assets of Seller (the “Excluded Assets”) shall are not be included in a part of the Purchased sale and purchase contemplated by this Agreement and are excluded from the Assets:
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Vanguard Health Systems Inc), Asset Purchase Agreement (Fuller H B Co)
Excluded Assets. Notwithstanding the provisions of Section 1.12.1, the Purchased Assets shall not include any of the following property and assets of the Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 4 contracts
Samples: Asset Purchase Agreement (AL International, Inc.), Asset Purchase Agreement (AL International, Inc.), Asset Purchase Agreement (St. Bernard Software, Inc.)
Excluded Assets. Notwithstanding the generality of Section 1.12.01, the following assets are not a part of Seller the sale and purchase contemplated by this Agreement and are excluded from the Assets (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 4 contracts
Samples: Asset Purchase Agreement (Shaw Group Inc), Asset Purchase Agreement (Stone & Webster Inc), Asset Purchase Agreement (Shaw Group Inc)
Excluded Assets. Notwithstanding Section 1.12.1(a) above, the following assets of Seller are expressly excluded from the purchase and sale contemplated hereby and, as such, are not Acquired Assets (collectively, the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 4 contracts
Samples: Asset Purchase Agreement (Albany Ladder Co Inc), Asset Purchase Agreement (First Acceptance Corp /De/), Asset Purchase Agreement (M & M Properties Inc)
Excluded Assets. Notwithstanding Section 1.1, the Purchased Assets do not include the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 4 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Maxwell Resources, Inc.), Asset Purchase Agreement (Maxwell Resources, Inc.)
Excluded Assets. Notwithstanding anything to the contrary in Section 1.11.01, the following assets of Seller are excluded from the Assets (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 4 contracts
Samples: Asset Purchase Agreement (Eclips Media Technologies, Inc.), Asset Purchase Agreement (Argo Digital Solutions Inc), Asset Purchase Agreement (rVue Holdings, Inc.)
Excluded Assets. Notwithstanding Section 1.1The Assets shall not include, and Seller shall not sell to Buyer, any of the following items (collectively, the following assets of Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 3 contracts
Samples: Asset Purchase Agreement (Packaged Ice Inc), Asset Purchase Agreement (3si Holdings Inc), Asset Purchase Agreement (Packaged Ice Inc)
Excluded Assets. Notwithstanding anything contained in Section 1.12.2 to --------------- the contrary, the Acquired Assets shall not include any of the following assets of Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 3 contracts
Samples: Asset Purchase Agreement (Cellstar Corp), Asset Purchase Agreement (Cellstar Corp), Asset Purchase Agreement (Cellstar Corp)
Excluded Assets. Notwithstanding Other than as provided in Section 1.1, the following all other assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets. The Excluded Assets shall include:
Appears in 3 contracts
Samples: Asset Purchase Agreement (Odimo INC), Asset Purchase Agreement (Odimo INC), Asset Purchase Agreement (Odimo INC)
Excluded Assets. Notwithstanding anything to the contrary herein and except as expressly set forth in Section 1.12.1 above, the following Assets do not include, Seller is not selling and Buyer is not purchasing, any other assets of Seller Seller, and all such other assets and properties shall be excluded from the Assets (the “Excluded Assets”) shall not be included in ). Without limiting the Purchased Assetsforegoing, Excluded Assets include the following assets and properties of the Seller:
Appears in 3 contracts
Samples: Escrow Agreement, Asset Purchase Agreement (Cafepress Inc.), Asset Purchase Agreement (Cafepress Inc.)
Excluded Assets. Notwithstanding the foregoing provisions of this Section 1.11, the following assets of Seller shall not constitute Properties and shall not be sold, assigned or conveyed to Buyer pursuant to Section 1 (such assets as described herein below, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 3 contracts
Samples: Agreement for Purchase and Sale, Lease Recording (Quest Energy Partners, L.P.), Agreement for Purchase and Sale (Constellation Energy Partners LLC)
Excluded Assets. Notwithstanding Section 1.1, The Sale Assets shall not include the following assets of Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 3 contracts
Samples: Escrow Agreement (Casino Resource Corp), Escrow Agreement (Casino Resource Corp), Escrow Agreement (Casino Resource Corp)
Excluded Assets. Notwithstanding Section 1.11.1.1, the following assets assets, properties, rights and interests of the Seller (collectively, the “Excluded Assets”) shall are expressly excluded from the purchase and sale contemplated hereby and as such are not be included in the Purchased Assets:
Appears in 3 contracts
Samples: Asset Purchase Agreement (Patriot National, Inc.), Asset Purchase Agreement (Patriot National, Inc.), Asset Purchase Agreement (Patriot National, Inc.)
Excluded Assets. Notwithstanding anything to the contrary in Section 1.11.2, the following assets of Seller (collectively, the “Excluded Assets”) are not part of the sale and purchase contemplated hereunder, are excluded from the Assets and shall not be included in remain the Purchased Assetsproperty of Sellers after the Closing:
Appears in 3 contracts
Samples: Asset Purchase Agreement (Horizon Health Corp /De/), Asset Purchase Agreement (Horizon Health Corp /De/), Asset Purchase Agreement (Horizon Health Corp /De/)
Excluded Assets. Notwithstanding The Purchased Assets shall not include the assets described in this Section 1.1, the following assets of Seller 2.03 (the “Excluded Assets”) ). The Excluded Assets shall not be included in the Purchased Assetsinclude:
Appears in 2 contracts
Samples: Asset Purchase and Contribution Agreement (Landmark Apartment Trust of America, Inc.), Asset Purchase Agreement (Grubb & Ellis Apartment REIT, Inc.)
Excluded Assets. Notwithstanding Section 1.1the terms of Sections 3.1 and 3.2 or anything else contained herein or otherwise to the contrary, the following assets of Seller the Asset Sellers shall be retained by the Asset Sellers, are not being sold or assigned to Purchaser hereunder and do not constitute Assets, Assumed Contracts or Assumed Licenses (all of the following are referred to herein collectively as the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Refco Inc.), Purchase and Sale Agreement (Refco Group Ltd., LLC)
Excluded Assets. Notwithstanding any provision of Section 1.12.1 above, the following assets of the Seller shall be excluded from the Acquired Assets, and all rights in, such assets shall remain exclusively with the Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Asset Purchase Agreement (On Track Innovations LTD), Asset Purchase Agreement (SuperCom LTD)
Excluded Assets. Notwithstanding the provisions of Section 1.12.1(a), the following Purchased Assets shall not include any other assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets), including:
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Freds Inc)
Excluded Assets. Notwithstanding All of Seller’s assets, other than those assets expressly enumerated in the foregoing paragraph as Purchased Assets, are excluded from the purchase and sale provided for in Section 1.1, the following assets of Seller (and are referred to herein as the “Excluded Assets”) shall not be included in the Purchased Assets.” The Excluded Assets include, without limitation:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Iridex Corp), Asset Purchase Agreement (American Medical Systems Holdings Inc)
Excluded Assets. Notwithstanding anything in Section 1.11.1 to the contrary, the Purchased Assets shall not include any of the following assets of the Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 2 contracts
Samples: Asset Purchase Agreement (Omnicell Inc /Ca/), Asset Purchase Agreement (Omnicell Com /Ca/)
Excluded Assets. Notwithstanding the provisions of Section 1.12.1, the Acquired Assets shall not include any of the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Excluded Assets. Notwithstanding Section 1.1, the following assets of Seller (the “"Excluded Assets”") shall not be included in the Purchased Assets:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Mti Technology Corp), Asset Purchase Agreement (Smith Micro Software Inc)
Excluded Assets. Notwithstanding Section 1.1, the Purchased Assets shall not include, and Buyer shall not acquire or purchase, any of the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Asset Purchase Agreement (Teppco Partners Lp), Asset Purchase Agreement (Teppco Partners Lp)
Excluded Assets. Notwithstanding Section 1.1, the following assets of Seller or any Seller Affiliate (the “Excluded Assets”) shall not be included in the Purchased Assets:
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (McGrath Rentcorp)
Excluded Assets. Notwithstanding the provisions of Section 1.12.1, the following assets of Seller Assets shall not include the following, which shall be retained by Sellers (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 2 contracts
Samples: Asset Purchase Agreement (Centennial Communications Corp /De), Asset Purchase Agreement (Pegasus Communications Corp)
Excluded Assets. Notwithstanding Section 1.1, The Purchased Assets shall not include the following assets of Seller (collectively, the “Excluded Assets”) ), which Seller shall not be included in the Purchased Assetsspecifically retain:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Four Rivers Bioenergy Inc.), Asset Purchase Agreement (Kreido Biofuels, Inc.)
Excluded Assets. Notwithstanding Section 1.12.1, the Purchased Assets shall not include any of the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Asset Purchase Agreement (Portfolio Recovery Associates Inc), Asset Purchase Agreement (Portfolio Recovery Associates Inc)
Excluded Assets. Notwithstanding the provisions of Section 1.1, it is hereby agreed that the Purchased Assets shall not include, and the Seller is not selling to the Buyer, and the Buyer is not purchasing or acquiring from the Seller, the following assets of Seller to the extent they exist on the Closing Date (the assets expressly excluded by this Section 1.2, collectively the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Purchase and Sale, Agreement for the Purchase and Sale of Assets (Certified Diabetic Services Inc)
Excluded Assets. Notwithstanding anything contained in Section 1.1, the Purchased Assets shall not include the following assets and rights of Seller the Sellers (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Asset Purchase Agreement (Red Robin Gourmet Burgers Inc), Asset Purchase Agreement (Red Robin Gourmet Burgers Inc)
Excluded Assets. Notwithstanding the provisions of Section 1.12.1, the Purchased Assets do not include any of Seller’s right, title and interest in and to the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Asset Purchase Agreement (Advanced BioEnergy, LLC), Asset Purchase Agreement
Excluded Assets. Notwithstanding anything in Section 1.11.1 to the contrary, the following assets of Seller shall not be Purchased Assets and shall be excluded from the assets delivered by Seller to Buyer at the Closing (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Asset Purchase Agreement (Icad Inc), Asset Purchase Agreement (Icad Inc)
Excluded Assets. Notwithstanding The provisions of Section 1.12.1 notwithstanding, it is expressly understood and agreed that the Purchased Assets shall not include the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Samples: Asset Purchase Agreement (FreightCar America, Inc.), Asset Purchase Agreement (FreightCar America, Inc.)
Excluded Assets. Notwithstanding the generality of Section 1.1, 2.1 the following assets are not a part of Seller the sale and purchase contemplated by this Agreement, and are excluded from the Assets (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 2 contracts
Excluded Assets. Notwithstanding Section 1.12.2, the Acquired Assets shall not include, and there is excepted, reserved, and excluded from the Contemplated Transactions, the following assets Assets and Properties of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Purchase and Sale Agreement (Harvest Natural Resources, Inc.)
Excluded Assets. Notwithstanding Section 1.12.1 hereof, the following assets of Seller (the “Excluded Assets”) shall be retained by Sellers and shall not be included in the Purchased Assetsconveyed to Buyer:
Appears in 1 contract
Excluded Assets. Notwithstanding the foregoing, the Purchased Assets shall not include any assets of Seller not listed in Section 1.12.01, including but not limited to the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Asset Purchase Agreement (Smith Micro Software, Inc)
Excluded Assets. Notwithstanding anything to the contrary --------------- contained in Section 1.11.1 above, the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased AssetsAssets and shall not be sold by Seller to Purchaser:
Appears in 1 contract
Samples: Asset Purchase Agreement (Cambridge Industries Inc /De)
Excluded Assets. Notwithstanding the provisions of Section 1.1, the Purchased Assets shall not include the following assets of Seller (herein referred to as the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding the provisions of Section 1.1, the Purchased Assets shall not include any of the following assets of Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Samples: Asset Purchase Agreement (D G Jewellery of Canada LTD)
Excluded Assets. Notwithstanding any provision of Section 1.12(a) hereof, the Assets do not include, and the Seller shall retain all right, title and interest in and to the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding the provisions of Section 1.12.1, the Purchased Assets shall not include any of the following property and assets of the Seller (collectively, the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Excluded Assets. Notwithstanding the generality of Section 1.12.01, the following assets are not a part of Seller the sale and purchase contemplated by this Agreement and are excluded from the Assets (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding the generality of the definition of Assets and of the examples of Assets listed in Section 1.12.01, the following assets of Seller (the “Excluded Assets”) are not a part of the sale and purchase contemplated by this Agreement and are excluded from the Assets, and Seller shall not be included in retain all of its right, title and interest therein and thereto from and after the Purchased AssetsClosing:
Appears in 1 contract
Samples: Asset Purchase Agreement
Excluded Assets. Notwithstanding Section 1.12.3, the Acquired Assets shall not include, and Buyer will not acquire any interest in or purchase, any of the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Contribution and Sale Agreement (NGL Energy Partners LP)
Excluded Assets. Notwithstanding anything to the contrary in Section 1.1, the Purchased Assets shall exclude the following assets of Seller (the “"Excluded Assets”") shall not be included in of the Purchased AssetsSeller:
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.1, it is expressly agreed that the following rights, properties and assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.1the foregoing, the Purchased Assets shall not include, and Buyer will not purchase, the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Asset Purchase Agreement (Maxum Petroleum Holdings, Inc.)
Excluded Assets. Notwithstanding Section 1.1anything to the contrary contained herein, the Assets do not include any other assets of Seller, including without limitation, the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Purchase and Sale Agreement (Dynacq Healthcare Inc)
Excluded Assets. Notwithstanding Section 1.1anything to the contrary contained herein, the Sale Assets will not include, and Purchaser will not acquire or own, any of the following assets of Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Acquisition Agreement (Richardson Electronics LTD/De)
Excluded Assets. Notwithstanding any provision of Section 1.12(a) hereof, the Assets do not include, and the Seller shall retain all right, title and interest in and to the following assets of Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Samples: Purchase and Sale Agreement (Midcoast Energy Resources Inc)
Excluded Assets. Notwithstanding anything to the contrary contained in Section 1.12.1 or elsewhere in this Agreement, the following assets of Seller items (collectively, the “"Excluded Assets”") are not part of the sale and purchase contemplated hereunder, are excluded from the Assets being conveyed hereunder, and shall not be included in remain the Purchased Assetsproperty of Seller:
Appears in 1 contract
Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)
Excluded Assets. Notwithstanding Section 1.1, the following assets of Seller Sellers (the “Excluded Assets”) shall not be included in the Purchased Assets:
Appears in 1 contract
Excluded Assets. Notwithstanding the provisions of Section 1.11 above, the following assets of Seller shall be specifically excluded from the sale and shall not be Purchased Assets (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.1, the (a) The following assets of the Seller are not included in the Acquired Assets (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.12(a) hereof, the Assets do not include, Sellers shall retain, and Buyer shall not acquire any right, title or interest in and to the following assets of Seller Assets (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Purchase and Sale Agreement
Excluded Assets. Notwithstanding the provisions of Section 1.1, the Purchased Assets shall not include the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding Anything in this Agreement to the contrary notwithstanding, but subject to Section 1.12.1(c), the following assets of Seller the Asset Sellers (the “"Excluded Assets”") shall are being retained by them and will not be included in the Purchased Assets:
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.12.1, the Assets shall not include any of the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets), all rights, titles and interests which are retained by Sellers:
Appears in 1 contract
Samples: Asset Purchase Agreement (Shenandoah Telecommunications Co/Va/)
Excluded Assets. Notwithstanding Anything contained in Section 1.11.1 or elsewhere herein to the contrary notwithstanding, the Acquired Assets shall not include the following assets and rights of the Seller (collectively, the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Excluded Assets. Notwithstanding the generality of Section 1.12.1, the following assets of Seller (the “"Excluded Assets”") shall are not be included in a part of the Purchased sale and purchase contemplated by this Agreement and are excluded from the Assets:
Appears in 1 contract
Samples: Purchase and Sale Agreement (Vanguard Health Systems Inc)
Excluded Assets. Notwithstanding Section 1.1, the following assets of Seller Sellers (the “Excluded Assets”) shall will be retained by Sellers and will not be included in the Purchased Transferred Assets:
Appears in 1 contract
Samples: Asset Purchase Agreement (Applied Industrial Technologies Inc)
Excluded Assets. Notwithstanding anything to the contrary contained in Section 1.11.1 or elsewhere in this Agreement, the following assets of Seller the Sellers (collectively, the “Excluded Assets”) shall are not be included in the Purchased Assets:part of
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.12.1(a), the following assets of Seller Sellers (the “Excluded Assets”) shall not be included in the Purchased Assets:
Appears in 1 contract
Excluded Assets. Notwithstanding anything contained in Section 1.12.1 to the contrary, the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Acquired Assets:
Appears in 1 contract
Samples: Asset Purchase Agreement (Mdu Communications International Inc)
Excluded Assets. Notwithstanding anything to the contrary in Section 1.11.1 hereof, the Assets will not include any of the following assets of Seller the Sellers (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Asset Purchase Agreement (Mattress Firm Holding Corp.)
Excluded Assets. Notwithstanding Anything contained in Section 1.11.1 or elsewhere herein to the contrary notwithstanding, the Acquired Assets shall not include the following assets and rights of the Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding anything to the contrary in Section 1.12.1, the Purchased Assets shall not include any of the following assets of Seller as the same exist on the Closing Date (collectively, the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Samples: Asset Acquisition Agreement (Orbital Sciences Corp /De/)
Excluded Assets. Notwithstanding anything contained in Section 1.12.1 to the contrary, the Purchased Assets shall not include any of the following properties, contracts, rights and other assets of Seller the Sellers (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Excluded Assets. Notwithstanding anything contained in Section 1.11.1 hereof, the Assets shall not include the following assets assets, which shall remain the property of Seller (the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Samples: Noncompetition and Confidentiality Agreement (Pharmanetics Inc)
Excluded Assets. Notwithstanding anything to the contrary in Section 1.12.1, the Assets shall not include the following assets assets, properties and rights of Seller the Sellers or any of their Affiliates (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding anything to the contrary contained in Section 1.11.1 above, the following assets of Seller (the “Excluded Assets”) shall are expressly excluded from the purchase and sale contemplated hereby, and as such, are not be included in the Purchased Assets:
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.1, Seller’s right, title and interest in and to the following assets of Seller are specifically excluded from the Purchased Assets (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding the generality of Section 1.12.01, the following assets are not a part of Seller the sale and purchase contemplated by this Agreement and are excluded from the Assets (collectively, the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.1, the The following assets of Seller Assets (the “"Excluded Assets”") shall are not be included in the Purchased AssetsAcquired Assets and Seller shall not sell to Buyer and Buyer shall not purchase from Seller the following:
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.1any provisions herein to the --------------- contrary, the Purchased Assets shall not include the following assets of Seller Sellers (herein referred to as the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Samples: Asset Purchase Agreement (Pp&l Inc)
Excluded Assets. Notwithstanding Section 1.12.1, the following assets of Seller (the “Excluded Assets”) shall are retained by Seller and the Asset Subsidiaries and are not be included in the Purchased Assets:
Appears in 1 contract
Excluded Assets. Notwithstanding the provisions of Section 1.11.1 of this Agreement, the Purchased Assets shall not include the following assets assets, rights and properties of Seller (collectively, the “"Excluded Assets”) shall not be included in the Purchased Assets:"):
Appears in 1 contract
Samples: Asset Purchase Agreement (Kilovac International Inc)
Excluded Assets. Notwithstanding anything to the contrary contained in Section 1.12.1(a), the following assets of Seller shall not be included among the Purchased Assets and are excluded from the sale, assignment, transfer and delivery provided in Section 2.1 (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Excluded Assets. Notwithstanding the generality of Section 1.12.01, the following specifically listed assets are not a part of Seller the sale and purchase contemplated by this Agreement and are excluded from the Assets (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Asset Purchase Agreement (Worthington Industries Inc)
Excluded Assets. Notwithstanding the foregoing Section 1.12.1(a), the following properties, assets of Seller and rights (the “"Excluded Assets”") shall are expressly excluded from the purchases and sales contemplated hereby and, as such, are not be included in the Purchased Assets:
Appears in 1 contract
Samples: Asset Purchase Agreement (Otis Spunkmeyer Holdings Inc)
Excluded Assets. Notwithstanding Section 1.1, the following assets of Seller and Parent (the “Excluded Assets”) shall not be included in the Purchased Assets:
Appears in 1 contract
Samples: Asset Purchase Agreement (Smith Micro Software Inc)
Excluded Assets. Notwithstanding Section 1.1anything herein to the contrary, the following assets 2.2 of Seller Sellers are not intended by the Parties to be a part of the Contemplated Transactions and are excluded from the Purchased Assets (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
Appears in 1 contract
Samples: Asset Purchase Agreement
Excluded Assets. Notwithstanding Section 1.12.1, the Assets shall not include any of the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets), all right, title and interest in, to or under which are retained by Seller:
Appears in 1 contract
Excluded Assets. Notwithstanding Section 1.1, the The following assets of Seller (the “"Excluded Assets”") shall not be included in the definition of "Purchased Assets" (hereinafter defined) and shall not be included in the sale:
Appears in 1 contract
Samples: Asset Purchase Agreement (CRC Evans International Inc)
Excluded Assets. Notwithstanding Section 1.1the foregoing, the Purchased Assets shall not include any of the following assets of Seller Seller, which shall be excluded from the sale hereunder (the “Excluded Assets”) shall not be included in the Purchased Assets:):
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Excluded Assets. Notwithstanding anything to the contrary in Section 1.11.1 hereof, the Assets will not include any of the following assets of the Seller (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
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Samples: Asset Purchase Agreement (Mattress Firm Holding Corp.)
Excluded Assets. Notwithstanding Section 1.1Sections 1.1 and 1.2, the Purchased Assets shall not include the following assets of Seller (the “Excluded Assets”) shall not be included in the Purchased Assets:):
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Excluded Assets. Notwithstanding Section 1.1, the (a) The following assets of Seller the Sellers are not included in the Acquired Assets (the “Excluded Assets”) shall not be included in the Purchased Assets:):
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Excluded Assets. Notwithstanding Section 1.1the foregoing, the following Assets and Records shall not include any assets of Seller not described in Section 1.2 and, more specifically, there is excepted, reserved and excluded from the sale contemplated hereby (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets:):
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Excluded Assets. Notwithstanding Section 1.1the generality of the definition of Assets and of the examples of Assets listed in section 2.01, the following assets of Seller (the “Excluded Assets”) are not a part of the sale and purchase contemplated by this agreement and are excluded from the Assets, and Seller shall not be included in retain all of its right, title and interest therein and thereto from and after the Purchased AssetsClosing:
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Samples: Asset Purchase Agreement (Vanguard Health Systems Inc)
Excluded Assets. Notwithstanding Section 1.1anything herein to the contrary, the following Purchased Assets shall not include assets of Seller SELLER that are not expressly set forth in Section 1(a) (collectively, the “Excluded Assets”) shall not be included in the Purchased Assets), including without limitation:
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Samples: Asset Sale Agreement
Excluded Assets. Notwithstanding Section 1.1the foregoing provisions of this Article 1, the following assets of Seller shall not constitute Assets and shall not be sold, assigned or conveyed to Buyer pursuant to Article 1 (such assets as described herein below, the “Excluded Assets”) shall not be included in the Purchased Assets:):
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Samples: Purchase and Sale Agreement (Rosetta Resources Inc.)
Excluded Assets. Notwithstanding Section 1.1, the The following assets of Seller the Sellers (the “"Excluded Assets”") shall are not be included in the Purchased Assets:
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Samples: Agreement of Sale (Heilig Meyers Co)
