Contract Defaults. To the best of Seller's knowledge, no other party thereto is in default in any material respect under any of the contracts, agreements, leases, arrangements and commitments listed on Schedule 4.6 or the contracts described in Section 1.2 to be assigned to and assumed by Buyer. To the best of Seller's knowledge, (a) there has not occurred any event which, with the lapse of time or giving of notice or both, would constitute such a material default; (b) such contracts, agreements, leases, arrangements, and commitments are legal, valid, and binding obligations of the respective parties thereto in accordance with their terms and, except to the extent reflected in Schedules 4.6 and 1.2, have not been amended; and (c) no defenses, offsets, or counterclaims thereto have been asserted, or to the best knowledge of Seller, may validly be made, by any party thereto other than Seller.
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Sources: Asset Purchase Agreement (Doughties Foods Inc), Asset Purchase Agreement (Doughties Foods Inc)
Contract Defaults. To the best of Seller's knowledge, no other party thereto is is, in default in any material respect under any of the contracts, agreements, leases, arrangements and commitments listed on Schedule 4.6 Schedules 6.6 or the contracts described in Section 1.2 2.2 to be assigned to and assumed by Buyer. To the best of Seller's knowledge, (a) there has not occurred any event which, with the lapse of time or giving of notice or both, would constitute such a material default; (b) such contracts, agreements, leases, arrangements, and commitments are legal, valid, and binding obligations of the respective parties thereto in accordance with their terms and, except to the extent reflected in Schedules 4.6 and 1.2, 6.6 have not been amended; and (c) no defenses, offsets, or counterclaims thereto have been asserted, or to the best knowledge of Seller, may validly be made, by any party thereto other than Seller.
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