Common use of Availability of Assets Clause in Contracts

Availability of Assets. (a) Except as set forth in Schedule 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used in the Business (including all books, records, computers and computer programs and data processing systems) and, taken as a whole, are in good operating condition and repair (subject to normal wear and tear) and serviceable condition and are, to the Knowledge of Sellers, suitable for the uses for which they are being used. (b) Schedule 5.8 sets forth a description of all material services provided by Sellers or any Affiliate of Sellers utilizing either (i) assets not included in the Purchased Assets or (ii) employees not listed in Schedule 5.18(j) and the manner in which the costs of providing such services have been allocated to the Business.

Availability of Assets. (a) Except as set forth in Schedule SCHEDULE 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in the Business (including all books, records, computers and computer programs and data processing systems) and, taken as a whole, used primarily in the Business and are in good operating condition and repair (subject to normal wear and tear) and serviceable condition and are, to the Knowledge of Sellers, are suitable for the uses for which they are being usedintended. (b) Schedule SCHEDULE 5.8 sets forth a description of all material services provided by Sellers any Seller or any Affiliate of Sellers thereof with respect to the Business utilizing either (i) assets not included in the Purchased Assets or (ii) employees not listed in Schedule SCHEDULE 5.18(j) (other than those employees not listed by reason of clause (i) of SECTION 5.18(j)) and the manner in which the costs of providing such services have been allocated to the Business.

Availability of Assets. (a) Except as set forth in Schedule SCHEDULE 5.8 and except for the Excluded Assets, the Purchased Assets constitute all the assets used primarily in the Business (including all books, records, computers and computer programs and data processing systems) and, taken as a whole, used primarily in the Business and are in good operating condition and repair (subject to normal wear and tear) and serviceable condition and are, to the Knowledge of Sellers, are suitable for the uses for which they are being usedintended. (b) Schedule SCHEDULE 5.8 sets forth a description of all material services provided by Sellers any Seller or any Affiliate of Sellers thereof with respect to the Business utilizing either (i) assets not included in the Purchased Assets or (ii) employees not listed in Schedule 5.18(jSCHEDULE 5.18(J) (other than those employees not listed by reason of clause (i) of SECTION 5.18(J)) and the manner in which the costs of providing such services have been allocated to the Business.