Common use of Material Contracts Clause in Contracts

Material Contracts. (a) Section 4.9(a) of the Company Disclosure Schedule contains a true and complete list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.12(a) of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all of the following Contracts as of Agreement Date (excluding including any Benefit Arrangementand all amendment, supplement, and modification,) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets it is bound that meet any of (collectively, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.15(a) of the Company Disclosure Schedule contains sets forth a true and complete list of each of the following Contracts, including all Contracts (excluding any Benefit Arrangement) in effect on amendments, supplements and modifications, other than the date hereof Plans, to which a member of the Company Group is a party or by which the Company or any of its properties or assets is bound that meet any as of the following criteria date of this Agreement (such Contracts required to be set forth in such list, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a4.13(a) of the Company Disclosure Schedule contains Schedules sets forth a true correct and complete list list, as of all the Execution Date, of the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the an Acquired Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria Acquired Companies’ assets or properties are bound (collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.15(a) of the Company Disclosure Schedule contains sets forth a true and complete list of all each of the following types of Contracts (excluding other than any Benefit Arrangement) in effect on the date hereof Plans), including all amendments, supplements and modifications, to which a member of the Company Group is a party or by which the Company or any of its properties or assets is bound that meet any as of the following criteria date of this Agreement (such Contracts required to be set forth in such list, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.17(a) of the Company Disclosure Schedule contains sets forth, as of the date of this Agreement, a true correct and complete list of all each of the following types of Contracts (excluding related to the Business or any Benefit Arrangement) in effect on of the date hereof Stations to which the any Seller Party or any Station Sharing Company is a party party, or by which the Company or any of its their respective properties or assets is bound that meet any of the following criteria (“Material Contracts”):bound:

Material Contracts. (a) Section 4.9(a4.15(a) of the Company Disclosure Schedule contains Schedules contains, as of the date of this Agreement, a true complete and complete accurate list of all Contracts (excluding any Benefit Arrangement) each Material Contract in effect on as of the date hereof and to which the Company is a party or by which the Company or any of its properties or assets it is bound that meet any of the following criteria (bound. As used in this Agreement, “Material Contracts”):

Material Contracts. (a) Section 4.9(aSchedule 3.13(a) of to the Company Disclosure Schedule contains a true Letter sets forth an accurate and complete list of all the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets it is bound that meet any of the following criteria (“Material Contracts”):and under which it remains obligated:

Material Contracts. (a) Section 4.9(a) 3.18 of the Company Disclosure Schedule contains a true and complete list of all each of the following Company Material Contracts (excluding any Benefit Arrangementas defined in this Section 3.18) in effect on as of the date hereof of this Agreement (true and complete copies of which have been made available to which the Company is a party or by Emerald) to which the Company or any of its properties Subsidiaries is a party or assets is bound that meet by which any of the following criteria (“Material Contracts”):their respective assets or properties is or may be bound:

Material Contracts. (a) Section 4.9(a) 3.13 of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all the following Contracts (excluding any Benefit Arrangement) of the Company in effect on as of the date hereof to which (together with the Contracts set forth in Section 3.11 (Restrictions on Business Activities), the “Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts” and, individually, a “Company Material Contract”):

Material Contracts. (a) Section 4.9(a) 5.15 of the Company Disclosure Schedule contains sets forth as of the date of this Agreement a true and complete list of all the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties Subsidiaries is a party or assets is bound that meet any of (the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.6(a) of the Company Disclosure Schedule contains sets forth a true correct and complete list of all the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company or any Company Subsidiary is a party or by which the Company or any of its properties or assets them is bound that meet any of (collectively, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.6(a) of the Company Disclosure Schedule contains sets forth a true and complete list as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof of all Material Contracts to which any member of the Company Group is a party or by which is otherwise legally bound or that are otherwise used in connection with the Company or any of its properties or assets is bound that meet any of the following criteria (Business. As used herein, “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.17(a) of the Company Disclosure Schedule contains sets forth a true true, complete and complete list correct list, as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof of this Agreement, of each of the following Contracts to which the any Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria (such Contracts being “Material Contracts”):): 34

Material Contracts. (a) Section 4.9(aSchedules 3.17(a)(i) through (xxi) of the Company Disclosure Schedule contains set forth a true and complete list of all each of the following Contracts (excluding to which any Benefit Arrangement) Acquired Company is a party that are in effect on the date hereof to which Agreement Date (collectively, whether or not accurately listed in the Company is a party or by which Disclosure Schedule, the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a5.8(a) of the Company Disclosure Schedule contains a true correct and complete list of all Material Contracts (excluding any Benefit Arrangementand all amendments, modifications and supplements thereto) in effect on the date hereof to which the Company is a party or by which the Company or any of its the properties or assets is bound that meet any of the following criteria (Company are bound as of the date hereof. As used herein, “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.8(a) of the Company Disclosure Schedule contains Schedules sets forth a true and complete list of all the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which (each Contract required to be set forth on Section 3.8(a) of the Company or any of its properties or assets is bound that meet any of Disclosure Schedules, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a) 2.17 of the Company Disclosure Schedule contains sets forth a true correct and complete list of all the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets Subsidiaries is bound that meet any currently a party (other than Company Plans set forth on Section 2.15(a) of the following criteria Company Disclosure Schedule) (all such Contracts, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.13(a) of the Company Disclosure Schedule contains is a true and complete list list, as of the date hereof, of all of the following Contracts (excluding any Benefit Arrangementother than Government Contracts) in effect on the date hereof to which the Company is a party or by which it or its assets or properties are bound (the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a) 3.1.16 of the Company Disclosure Schedule contains a true and complete list sets forth all of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof following contracts to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any as of the following criteria date of this Agreement (collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.19(a) of the Company Disclosure Schedule contains a true and complete list list, as of all the date of this Agreement, of each of the following Contracts (excluding any Benefit Arrangementi) in effect on the date hereof to which the any Acquired Company is a party or by (ii) to which the Company Seller or any of its properties or assets Affiliates (to the extent Related to the Business) is bound that meet any a party, in each case in effect as of the following criteria date of this Agreement (except any Employee Plan) (such Contracts, whether or not set forth in Section 3.19(a) of the Disclosure Schedule, being “Material Contracts”):

Material Contracts. (a) Section 4.9(a) of the Company The Disclosure Schedule contains a true sets forth an accurate, correct and complete list of all active and/or in force Company Contracts (excluding including any Benefit Arrangementcurrently surviving provisions thereof) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria descriptions set forth below may apply (the “Material Contracts”):

Material Contracts. (a) Section 4.9(a‎Section 3.18(a) of the Company Disclosure Schedule contains a true sets forth an accurate and complete list of all of the following types of Contracts (excluding any Benefit Arrangement) in effect on as of the date hereof of this Agreement to which the any Group Company is a party or by which the any Group Company or any of its properties or assets is bound that meet any (such Contracts as are required to be set forth in ‎Section 3.18(a) of the following criteria (Disclosure Schedule, the “Material Contracts”):), and none of the Group Companies is a party to or bound by any Material Contracts not listed in ‎Section 3.18(a) of the Disclosure Schedule:

Material Contracts. (a) Section 4.9(a3.12(a) of the Company Disclosure Schedule contains a true and complete list of all each of the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets Subsidiaries is bound that meet any a party as of the following criteria (“Material Contracts”):date hereof:

Material Contracts. (a) Section 4.9(aa)Section 3.16(a) of the Company Disclosure Schedule contains sets forth a true and complete list of all the following types of Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets Subsidiaries is bound that meet any a party (such Contracts as are required to be set forth in Section 3.16(a) of the following criteria (Company Disclosure Schedule being the “Material Contracts”):

Material Contracts. (a) Section 4.9(a) Schedule 5.17 of the Company Disclosure Schedule contains a true Schedules lists each of the following Contracts and complete list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof amendments, modifications and supplements thereto to which the Company is and its Subsidiaries are a party or by which the Company or any of its properties or assets is bound that meet any as of the following criteria date of this Agreement (such Contracts and agreements as described in this Section 5.17(a) being “Material Contracts”):

Material Contracts. (a) Section 4.9(a) 3.11 of the Company Disclosure Schedule contains sets forth a true true, correct and complete list of all each of the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which a member of the Company Group is a party or by which the Company or any of its properties or assets is bound that meet any as of the following criteria Signing Date (such Contracts listed in Section 3.11 of the Disclosure Schedule, collectively “Material Contracts”):

Material Contracts. (a) Section 4.9(a) 3.12 of the Company Disclosure Schedule contains sets forth a true true, correct and complete list of all of the following Contracts (excluding any Benefit Arrangement) in effect on as of the date hereof (other than any such Contract solely between or among the Company and its Subsidiaries) to which the Company or any Subsidiary of the Company is a party or by which the Company it or any of its assets or properties or assets is bound that meet any of (collectively, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a) 3.12 of the Company Disclosure Schedule contains sets forth a true and complete list of all each of the following Contracts (excluding any Benefit Arrangement) in effect on to which, as of the date hereof to which the Company is a party or by which of this Agreement, the Company or any of its properties or assets Subsidiaries, if any, is bound that meet any of the following criteria a party (each, a “Company Material ContractsContract”):

Material Contracts. (a) Section 4.9(a3.13(a) of the Company Disclosure Schedule contains a true and complete list identifies, as of all Contracts the Agreement Date, in each subpart that corresponds to the subsection listed below, any Contract, (excluding any Benefit Arrangementx) in effect on the date hereof to which the Company is a party or party, (y) by which the Company or any of its properties or assets is bound that meet otherwise bound, or (z) under which the Company has any of right or interest (collectively, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.10(a) of the Company Disclosure Schedule contains a true and complete list sets forth as of the Original Agreement Date all Contracts (excluding any Benefit Arrangement) in effect on of the date hereof following contracts to which the Company or any Company Subsidiaries is a party or by which it is bound (such contracts disclosed or required to be disclosed on Section 3.10(a) of the Company or any of its properties or assets is bound that meet any of the following criteria (Disclosure Schedule, each a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(a‎Section 3.11(a) of the Company Disclosure Schedule contains sets forth a true list (including all amendments and complete list supplements), as of the date of this Agreement, of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria types of Contracts (“Material Contracts”):except for any Real Property Leases) to which any Company Entity is a party:

Material Contracts. (a) Section 4.9(a) 3.14 of the Company Disclosure Schedule contains sets forth a true complete and complete correct list of all of the following Contracts (excluding any Benefit Arrangementx) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties Subsidiaries is a party as of the date of this Agreement or assets is bound that meet (y) by which the Company, any of its Subsidiaries or the following criteria Company Assets are bound as of the date of this Agreement (in each case, other than any Company Benefit Plan) (collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a2.14(a) of the Company Disclosure Schedule contains sets forth a true correct and complete list of all Contracts contracts, agreements, commitments, instruments or obligations (excluding any Benefit Arrangementwhether written or oral, contingent or otherwise) in effect on the date hereof to which the Company is a party or by which the Company or any of its Company Subsidiary is a party or their properties or assets is bound that meet are bound, and under which any party has continuing obligations, with respect to any of the following criteria (each, a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(aPart 2.11(a) of the Company Disclosure Schedule contains a true and complete list of all Contracts (excluding any Benefit Arrangement) lists each Contract in effect on as of the date hereof of this Agreement to which the any Group Company is a party or by which the Company or any of its properties or assets is are otherwise bound that meet any of the following criteria categories (such Contracts required to be disclosed under Part 2.11(a) of the Company Disclosure Schedule, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.15(a) of the Company Disclosure Schedule contains a true true, accurate and complete list of all each of the following types of Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company its assets or any of its properties or assets is are bound that meet any of the following criteria (each, a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(aSchedules 3.17(a)(i) through (xix) of the Company Disclosure Schedule contains set forth a true and complete list of all each of the following Contracts (excluding to which any Benefit Arrangement) Acquired Company is a party that are in effect on the date hereof to which Agreement Date (collectively, whether or not accurately listed in the Company is a party or by which Disclosure Schedule, the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.09(a) of the Company Disclosure Schedule contains a true and complete list sets forth, as of all Contracts (excluding any Benefit Arrangement) the date of this Agreement, each of the following contracts that are in effect on as of the date hereof to which the any Acquired Company is a party to or by which the Company or any of its properties or assets is bound that meet (a Contract responsive to any of the following criteria (categories being hereinafter referred to as a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(a2.9(a) of the Company Seller Disclosure Schedule contains a true and complete list of all the following Contracts (excluding any Benefit Arrangement) in effect on as of the date hereof to which the Company is a party or by which (other than any Reinsurance Agreements) (collectively, the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a2.15(a) of the Company Disclosure Schedule contains sets forth a true correct and complete list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof each currently effective Contract to which the Company is a party or by which it is bound, including, without limitation, the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):following:

Material Contracts. (a) 1. Section 4.9(a3.16(a) of the Company Disclosure Schedule contains a true and complete list lists each of all the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the a Company Entity is a party or by which the Company or any of its properties or assets is bound that meet any as of the following criteria effective time of the Closing or for which a Company Entity has ongoing obligations (collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.07(a) of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which Seller or its Affiliates entered into on behalf of the Company or any of its properties or assets is bound that meet any fall within the following categories and are existing as of the following criteria date hereof (collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.17(a) of the Company Disclosure Schedule contains sets forth a true true, correct and complete list of all Contracts (excluding any Benefit Arrangement) in effect on each Contract of the date hereof following types to which any of the Company Acquired Companies is a party or by which any of the Company Acquired Companies or any of its their respective properties or assets is bound that meet any of the following criteria or affected (all such Contracts, “Material Contracts”):

Material Contracts. (a) Section 4.9(a4.14(a) of the Company Disclosure Schedule contains a true sets forth an accurate and complete list of all the following Contracts (excluding any Benefit Arrangementorganized by the clauses set forth below) that are in effect on the date hereof and to which the an Acquired Company is a party or by which the an Acquired Company or any of its properties or assets is bound that meet any as of the following criteria Original Agreement Date (each, a “Material Contracts”):), which list sets forth, with respect to each Material Contract, the name and date of the Contract and the parties thereto:

Material Contracts. (a) Section 4.9(a) of the The Company Disclosure Schedule contains a true sets forth an accurate, correct and complete list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party (or by which the its assets are bound) (each, a “Company or any of its properties or assets is bound that meet Contract”) to which any of the following criteria descriptions set forth below apply (the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.20(a) of the Company Disclosure Schedule contains sets forth a true and complete list as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof of each of the following Contracts to which the Company is a party or by which the Company or any of its properties Subsidiaries is a party or assets by which any of their respective Assets and Properties is bound that meet any of (collectively, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a) 4.19 of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof effect, including all amendments and supplements thereto, to which the Company or any of its Subsidiaries is a party or by which the Company or any of its properties or assets Subsidiaries is bound that meet bound, meeting any of the following criteria descriptions set forth below (collectively referred to herein as the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.12(a) of the Company Disclosure Schedule contains sets forth a true and complete list of all the Material Contracts (excluding to which the Company or any Benefit Arrangement) Subsidiary thereof is a party that are outstanding or in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria (this Agreement. As used herein, “Material Contracts”):” means all of the following:

Material Contracts. (a) Section 4.9(a3.21(a) of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof following contracts, agreements or commitments to which the Company is a party or by which the Company is bound or, solely as it relates to the Business or any of Company IP/IT Assets, to or by which Seller or its properties Affiliate is a party or assets is bound that meet any of the following criteria bound, as applicable (each, a “Company Material ContractsContract”):

Material Contracts. (a) Section 4.9(a3.13(a) of the Company Disclosure Schedule contains sets forth a true and complete list list, indicating the parties thereto, of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof each contract or other binding agreement to which the Company is a party or by which the Company or any of its properties or assets the Company Subsidiaries is bound that meet any of a party (the following criteria (“Material Contracts”):) that constitutes:

Material Contracts. (a) Section 4.9(a3.10(a) of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the any Company is a party or by which that fall within the Company or any of its properties or assets is bound that meet any following categories and are existing as of the following criteria date hereof (collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.16(a) of the Company Disclosure Schedule contains sets forth, by applicable subsection a true correct and complete list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by party, which are currently in effect, of a type listed below (the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.13(a) of the Company Sellers Disclosure Schedule contains Schedules sets forth a true correct and complete list of all the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the an Acquired Company is a party or by which the Company or any of its properties or assets is bound that meet any as of the following criteria Original Agreement Date (each such Contract, a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(a3.09(a) of the Company Disclosure Schedule contains a true and complete list Schedules lists as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof hereof, each of the following Contracts to which the Company is a party or by to which the Company or any of its properties or assets is bound that meet any of relating to the following criteria Company's rehabilitation business (“collectively, the "Material Contracts”"):

Material Contracts. (a) Section 4.9(a3.14(a) of the Company Disclosure Schedule contains sets forth a true and complete list correct list, as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof Effective Date, of each current Contract to which the Company is a party or by (other than Contracts related to employee benefits, which the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):are provided for in ‎Section 3.10(a), and Real Property Lease Agreements, which are provided for in ‎Section 3.12(a)) that:

Material Contracts. (a) Section 4.9(a3.14(a) of the Company Disclosure Schedule contains a true sets forth an accurate and complete list as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof of the following Contracts (each such Contract required to which the Company is be set forth, a party or by “Material Contract”) to which the Company or any of its properties Subsidiaries is a party or assets is bound that meet by which any of the following criteria (“Material Contracts”):them are bound:

Material Contracts. (a) Section 4.9(a‎Section 3.11(a) of the Company Seller Disclosure Schedule contains sets forth a true complete and complete accurate list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the any Company is a party or by which that fall within the Company or any of its properties or assets is bound that meet any following categories and existing as of the following criteria date hereof (collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.11(a) of the Company Disclosure Schedule contains Schedules sets forth a true correct and complete list list, organized by the categories set forth below, of all each of the following Contracts (excluding any Benefit Arrangementor a description of the material terms thereof, in the case of oral Contracts) in effect on the date hereof to which the Company Corporation is a party or by which the Company it or any of its properties properties, rights or assets is are bound that meet any of and which, except as otherwise provided below, are in effect on the following criteria (“Material Contracts”):date hereof:

Material Contracts. (a) Section 4.9(a) 3.19 of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all Material Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets Subsidiaries is bound that meet any a party as of the following criteria (date of this Agreement and that are not filed as exhibits to the SEC Reports filed after March 15, 2013, and prior to the date of this Agreement. For purposes of this Agreement, “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.15(a) of the Company Disclosure Schedule contains sets forth a true true, correct and complete list of all each of the following Contracts (excluding including any Benefit Arrangementamendment, supplement or modification thereto) in effect on the date hereof to which the any NET Midstream Company Group Member is a party or by which the Company or any of its properties or their assets is are bound that meet any as of the following criteria Signing Date (the Contracts listed in Section 3.15(a) of the Disclosure Schedule, collectively “Material Contracts”):

Material Contracts. (a) Section 4.9(aSchedule 3.13(a) of the Company Disclosure Schedule contains sets forth a true true, correct and complete list of all of the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any as of the following criteria date hereof (each, a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(a) 2.7 of the Company Disclosure Schedule contains sets forth a true true, correct and complete list and description of all Contracts (excluding any Benefit Arrangement) in material contracts with current effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any of (the following criteria (“Material Contracts”):), including without limitation:

Material Contracts. (a) Section 4.9(a) 6.12 of the Company Disclosure Schedule contains sets forth a true correct and complete list (including all amendments, modifications and supplements) of all the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which bound (the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(aPart 2.11(a) of the Company Disclosure Schedule contains a true and complete list of all Contracts (excluding any Benefit Arrangement) lists each Contract in effect on as of the date hereof of this Agreement to which the Company is a party or by which the Company or any of its properties or assets is are otherwise bound that meet any of the following criteria categories (such Contracts required to be disclosed under Part 2.11(a) of the Company Disclosure Schedule, the “Material Contracts”):

Material Contracts. (a) Section 4.9(aSchedule 3.9(a) of the Company Entities Disclosure Schedule contains sets forth a true and complete list of all the following subsisting Contracts (excluding any Benefit Arrangement) in effect on as of the date hereof to which the any Company Entity is a party to or by which the Company or any of its properties or assets it is bound that meet any of (collectively, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(aSchedule 3.11(a) of the Company Disclosure Schedule contains a true and complete list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof agreements of the types described below to which the either Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria (all such agreements listed below being referred to as “Material Contracts”):), complete and correct copies of each of which (including all modifications, amendments and supplements thereto and waivers thereunder) have been made available to the Buyer:

Material Contracts. (a) Section 4.9(a3.16(a) of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all each of the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by otherwise bound (any Contract of a nature described below (whether or not set forth on the Disclosure Schedule) to which the Company is a party or any of its properties or assets is bound that meet any of otherwise bound, being referred to herein as a “Material Contract” and, collectively, as the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a2.18(a) of the Company Disclosure Schedule contains sets forth a true complete and complete correct list (grouped according to the categories described in the subsections below) of all Contracts (excluding any Benefit Arrangement) in effect on of the date hereof following nature to which the Company is a party or by which the Company or any of its properties or assets other Group Company is bound that meet any a party (each contract of the following criteria (nature, a “Material Contract” and collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.14(a) of the Company Disclosure Schedule contains a true and complete list lists each of all the Material Customers as well as the Material Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):this Agreement.

Material Contracts. (a) Section 4.9(a) 3.21 of the Company Disclosure Schedule contains sets forth, as of the date of this Agreement, a true and complete list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which each Contract of the Company or any of its properties or assets Subsidiaries in effect as of the date of this Agreement and that is bound that meet included within any of the following criteria (“Material Contracts”):categories:

Material Contracts. (a) Section 4.9(a3.17(a) of the Company Disclosure Schedule contains a true and complete list of lists the following Contracts, together with all Contracts (excluding any Benefit Arrangement) in effect on the date hereof amendments, to which the Company is a party or by which the Company or any of its properties or assets Company Subsidiary is bound that meet any a party as of the following criteria date of this Agreement (such Contracts being the “Company Material Contracts”):

Material Contracts. (a) Section 4.9(a3.8(a) of the Company Member Disclosure Schedule contains sets forth a true and complete list of all Material Contracts as of the date hereof. Member has made available to Acquiror true, complete and correct copies of all Material Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party including all amendments, supplements or by which the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):other modifications thereto).

Material Contracts. (a) Section 4.9(a3.12(a) of the Company Disclosure Schedule contains a true an accurate and complete list of all the following currently effective Contracts (excluding any Benefit Arrangementincluding all amendments and supplements thereto) in effect on the date hereof to which the a Group Company is a party or by which any Group Company, the Company Business, or any of its properties or assets is the Assets are bound that meet any of (the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.15(a) of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all each of the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by otherwise legally bound (any Contract of a nature described below (whether or not set forth on the Disclosure Schedule) to which the Company is a party or any of its properties or assets is bound that meet any of otherwise bound, being referred to herein as a “Material Contract” and, collectively, as the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a5.15(a) of the Company Disclosure Schedule contains sets forth a true correct and complete list of all of the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its the assets or properties or assets of the Company is bound that meet any of (collectively, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.12(a) of the Company Disclosure Schedule contains sets forth a true and complete list of all the Material Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its Subsidiaries is a party or by which any of their respective properties or assets is bound that meet any are bound. As used herein, "Material Contracts" means all of the following criteria (“Material Contracts”):following:

Material Contracts. (a) Section 4.9(a4.12(a) of the Company Disclosure Schedule contains sets forth a true and complete list of all of the following Contracts (excluding any Benefit Arrangement) in effect on as of the date hereof of this Agreement (unless otherwise specified below) to which the any Company is a party or by which it is bound (the Contracts identified or required to be identified in Section 4.12(a) of the Company or any of its properties or assets is bound that meet any of Disclosure Schedule, are collectively referred to as the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a) 3.13 of the Company Disclosure Schedule contains sets forth a true correct and complete list of all Material Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its Subsidiaries is a party or by which any of them or any of their properties or assets is bound that meet any may be bound. True and complete copies of all written Material Contracts have been delivered or made available to the following criteria (“Material Contracts”):Buyer by the Company. For the purposes of this Agreement, "

Material Contracts. (a) Section 4.9(aSchedule 2.7(a) to the Disclosure Letter identifies each of the Company Disclosure Schedule contains a true and complete list of all following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its the assets or properties or assets is bound that meet any of the following criteria Company are bound as of the Agreement Date (each such Contract, identified on Schedule 2.7(a) to the Disclosure Letter, a “Material ContractsContract”):

Material Contracts. (ai) Section 4.9(a3.01(o)(i) of the Company Disclosure Schedule contains a true complete and complete correct list as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof of this Agreement of each of the following Contracts to which the Company is a party or by which the Company or any of its Subsidiaries is a party or which bind or affect their respective properties or assets is bound that meet any of the following criteria (“Material Contracts”):or business:

Material Contracts. (a) Section 4.9(a5.13(a) of the Company Disclosure Schedule contains sets forth a true and complete list of all of the following Contracts (excluding any Benefit Arrangement) in effect on as of the date hereof of this Agreement to which the any Fairway Group Company is a party or by which the Company or any of its properties or assets it is bound that meet any of (collectively, the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a4.11(a) of the Company Disclosure Schedule contains a true correct and complete list of all Material Contracts (excluding any Benefit Arrangementand all amendments, modifications and supplements thereto) in effect on the date hereof to which the Company is a party or by which the Company or any of its the properties or assets of the Company is bound that meet any as of the following criteria (date hereof. As used herein, “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.09(a) of the Company Disclosure Schedule contains a true and complete list sets forth, as of all the date of this Agreement, each of the following Contracts (excluding any Benefit Arrangement) which have terms set forth in the below categories that are in effect on as of the date hereof to which the any Acquired Company is a party or by which the Company or any of its properties or assets is otherwise bound that meet (a Contract responsive to any of the following criteria (categories being hereinafter referred to as a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(a3.17(a) of the Company Disclosure Schedule contains a true Letter sets forth an accurate and complete list as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof of the following Contracts (each such Contract required to be set forth on such Schedule, a “Material Contract”) to which the Company is a party is otherwise bound, or by which the Company or any of its properties or assets are bound, in each case, which is bound that meet any in effect as of the following criteria (“Material Contracts”):date hereof:

Material Contracts. (a) Section 4.9(a3.14(a) of the Company Disclosure Schedule contains a true and complete list lists, by applicable subsection, of all each of the following types of Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which its assets or properties are bound (collectively, the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a3.13(a) of the Company Disclosure Schedule contains is a true and complete list list, as of the date hereof, of all of the following Contracts (excluding any Benefit Arrangementother than Government Contracts) in effect on the date hereof to which the Company is a party or by which it or its assets or properties are bound (the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):): ​

Material Contracts. (a) Section 4.9(a3.6(a) of the Company Disclosure Schedule contains sets forth a true and complete list as of the date hereof of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which any member of the Company Group is a party or by which is otherwise bound (collectively, the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):), consisting of:

Material Contracts. (a) Section 4.9(aSchedule 3.11(a) of the Company Disclosure Schedule contains a true true, accurate and complete list list, as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof of this Agreement, of each of the following Contracts to which the Company is a party or by which the Company or any of its properties Company Subsidiary is a party or assets is otherwise bound that meet any (such Contracts required to be set forth on Schedule 3.11(a) of the following criteria (Company Disclosure Schedule, collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.6(a) of the Company Disclosure Schedule contains sets forth a true and complete list as of the Original Agreement Date of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which any member of the Company Group is a party or by which is otherwise bound (collectively, the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):), consisting of:

Material Contracts. (a) Section 4.9(a) of Schedule 3.15 to the Company Disclosure Schedule contains Letter sets forth a true and complete list of all Contracts (excluding any Benefit Arrangement) in effect on of each of the date hereof following types to which the Company is a party or by and under which the Company or has any of its properties or assets is bound that meet express obligations to any Person continuing as of the following criteria (“Material Contracts”):date of this Agreement:

Material Contracts. (a) Section 4.9(a2.6(a) of the Company Disclosure Schedule contains sets forth a true true, correct and complete list as of the date hereof of all Contracts (or group of related Contracts), excluding any Benefit Arrangement) Employee Plan, in effect on the date hereof to which the Company is a party or by which is otherwise bound (collectively, the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):), consisting of:

Material Contracts. (a) Section 4.9(a3.15(a) of the Company Disclosure Schedule contains a true true, accurate and complete list of all each of the following types of Contracts (excluding any that is not a Benefit Arrangement) in effect on the date hereof Plan to which the Company is a party or by which the Company its assets or any of its properties or assets is are bound that meet any of the following criteria (each, a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(a2.8(a) of the Company Disclosure Schedule contains a true true, correct and complete list of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any each of the following criteria Contracts to which any Target Company is currently a party (collectively, the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.1(r) of the Company Disclosure Schedule contains sets forth a true and complete list of all each of the following types of Contracts (excluding any Benefit Arrangementwith each such Contract being of one or more of the following types) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets Subsidiaries is bound that meet any a party as of the following criteria date of this Agreement (each, a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(a3.10(a) of the Company Disclosure Schedule contains a true and complete list sets forth as of all Contracts (excluding any Benefit Arrangement) in effect on the date hereof all of the following contracts to which the Company or any Company Subsidiaries is a party or by which it is bound (such contracts disclosed or required to be disclosed on Section 3.10(a) of the Company or any of its properties or assets is bound that meet any of the following criteria (Disclosure Schedule, each a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(aPart 2.12(a) of the Company Disclosure Schedule contains a true and complete list of all Contracts lists each Contract (excluding any Benefit Arrangementother than purchase orders) in effect on as of the date hereof of this Agreement to which the any Company is a party or by which the Company or any of its properties or assets is are otherwise bound that meet any of the following criteria categories (the “Material Contracts”):

Material Contracts. (a) Section 4.9(a3.17(a) of the Company Disclosure Schedule contains sets forth a true complete and complete accurate list of all each of the following Contracts (excluding any Benefit Arrangement) in effect on the date hereof to which the Company is a party or by is otherwise bound (any Contract of a nature described below (whether or not set forth on the Disclosure Schedule) to which the Company is a party or any of its properties or assets is bound that meet any of otherwise bound, being referred to herein as a “Material Contract” and, collectively, as the following criteria (“Material Contracts”):

Material Contracts. (a) Section 4.9(a2.13(a) of the Company Disclosure Schedule contains a true sets forth an accurate and complete list (arranged in paragraphs corresponding to the numbered paragraphs contained in this Section 2.13(a)) of all the following Contracts (excluding any Benefit Arrangementeach such Contract required to be set forth, a “Material Contract”) in effect on the date hereof to which the Company is a party or by which the Company or any of its properties or assets is bound that meet any of the following criteria (“Material Contracts”):party:

Material Contracts. (a) Section 4.9(a4.10(a) of the Company Disclosure Schedule contains sets forth a true complete and complete correct list of all Contracts (excluding any Benefit Arrangement) in effect on force as of the date hereof of this Agreement of the following types to which the Company is a party or by to which the Company or any of its assets or properties or assets is bound bound, except for those that meet any of the following criteria constitute an Excluded Asset (each, a “Material ContractsContract”):

Material Contracts. (a) Section 4.9(a3.04(a) of the Company Disclosure Schedule contains sets forth a true and complete list list, as of the date hereof, of all Contracts (excluding Contracts, including any Benefit Arrangement) written amendments or modifications in effect on thereto, of the date hereof following nature (x) by which any of the CTP Assets are bound or affected or (y) to which the Company CTP is a party or by and which relates to the Company or any of its properties or assets is bound that meet any Transportation Products Business (together with all Leases listed in Section 3.05(a)(ii) of the following criteria (Disclosure Schedule, collectively, the “Material Contracts”):