Common use of Instruments and Possession Clause in Contracts

Instruments and Possession. To effect the sale and transfer of -------------------------- Assets referred to in Section 1.3 hereof, Stone and Ashland will, at the Closing, execute and deliver to City: (i) one or more Bills of Sale, in the form attached hereto as Exhibit A, conveying in the aggregate all of the personal property owned by Stone and Ashland included in the Assets; (ii) subject to Section 8.3, Assignments of Lease in the form attached hereto as Exhibit B with respect to the Leases; (iii) subject to Section 8.3, Assignments of Contract Rights in the form attached hereto as Exhibit C with respect to all contracts which City shall assume unless listed on Schedule 1.4; (iv) subject to Section 8.3, Assignments of Patents and Trademarks and other Proprietary Rights (including an assignment of all rights, title and interest of Stone and Ashland to the names "Stone Heavy Duty and "Ashland Auto Parts," respectively and all variations thereof) each in the form attached hereto as Exhibit D, in recordable form to the extent necessary to assign such rights; and (v) such other instruments as shall be requested by City to vest in City title in and to the Assets in accordance with the provisions hereof.

Instruments and Possession. To effect the sale and transfer of -------------------------- Assets referred to in Section 1.3 hereof, Stone and Ashland the Company will, at the Closing, execute and deliver to CityHDA: (i) one or more Bills of Sale, in the form attached hereto as Exhibit A, conveying in the aggregate all of the personal property owned by Stone and Ashland the Company included in the Assets; (ii) subject to Section 8.38.2, Assignments of Lease in the form attached hereto as Exhibit B with respect to the Leases; (iii) subject to Section 8.38.2, Assignments of Contract Rights Contracts in the form attached hereto as Exhibit C with respect to all those contracts which City HDA shall assume unless listed on Schedule 1.4assume; (iv) subject to Section 8.38.2, Assignments of Patents and Trademarks and other Proprietary Rights (including an assignment of all rights, title and interest of Stone and Ashland the Company to the names name "Stone Heavy Duty and "Ashland Auto Parts,Tampa Brake & Supply Co." respectively and all variations thereof) each in the form attached hereto as Exhibit D, in recordable form to the extent necessary to assign such rights; and (v) such other instruments as shall be reasonably requested by City HDA to vest in City HDA title in and to the Assets in accordance with the provisions hereof.

Instruments and Possession. To effect the sale and transfer of -------------------------- Assets referred to in Section 1.3 hereof, Stone and Ashland the Company will, at the Closing, execute and deliver to Truck City: (i) one or more Bills of Sale, in the form attached hereto as Exhibit A, conveying in the aggregate all of the personal property owned by Stone and Ashland the Company included in the Assets; (ii) subject to Section 8.38.2, Assignments of Lease in the form attached hereto as Exhibit B with respect to the Leasesthose leases that Truck City will assume; (iii) subject to Section 8.38.2, Assignments of Contract Rights in the form attached hereto as Exhibit C with respect to all those contracts which that Truck City shall assume unless listed on Schedule 1.4will assume; (iv) subject to Section 8.38.2, Assignments of Patents and Trademarks and other Proprietary Rights (including an assignment of all rights, title and interest of Stone and Ashland the Company to the names name "Stone Heavy Duty and "Ashland Auto Southwest Virginia Truck Parts," respectively and all variations thereof) each in the form attached hereto as Exhibit D, in recordable form to the extent necessary to assign such rights; and (v) such other instruments as shall be requested by Truck City to vest in Truck City title in and to the Assets in accordance with the provisions hereof.