Examples of Subject Equipment in a sentence
The Buyer shall also provide the Sellers and their respective Representatives with access to the Buyer’s sales and service records for purposes of determining whether the Buyer or any of its Affiliates has sold to or serviced any Subject Equipment.
Except for the Subject Equipment and equipment or property held by the Sellers’ customers, repair and service providers or others in the ordinary course of business consistent with past practices, all of the Tangible Personal Property included in the Transferred Assets is in the possession of the Sellers or their Affiliates.
Such Substitute Subject Equipment will be free and clear of all Liens, except for Permitted Liens.
If, prior to the expiration or termination of this Agreement, any Interim Closing or the Final Closing has not occurred, then this Section 2.10 shall be applied with respect to the Key Subject Equipment included in the Transferred Assets at the Closings that have occurred.
The Missing Equipment Notice will also include a calculation (the “Threshold Calculation”) of whether the total Weighted Average Value of all Missing Equipment included in the Missing Equipment Notice exceeds five percent (5%) (the “Subject Equipment Threshold”) of the total Weighted Average Value of (I) all Key Subject Equipment listed on the Closing Key Subject Equipment Schedule plus (II) any Substitute Subject Equipment.