Common use of Outstanding Orders Clause in Contracts

Outstanding Orders. Seller and Purchaser covenant and agree that all outstanding and unfilled orders for Products which are outstanding and not yet filled by Seller as of the Closing Date are set forth on a list and attached hereto as Exhibit B (which list sets forth all unfilled orders for Products and the date and quantity of the order). Until the end of business on the first business day following the Closing Date, Exhibit B may be updated by Seller to supplement the list with any orders that were received in the ordinary course of business during the last 3 business days prior to Closing; provided that Purchaser may ask reasonable diligence questions concerning the updates, and Seller will use all commercially reasonable efforts to provide sufficient information concerning the same. All orders remaining unfilled at the end of the aforementioned business day in the ordinary course shall be assigned to Purchaser pursuant to the Purchase Agreement as a Purchased Asset thereunder. Seller covenants and agrees that no new orders will be taken and no Product will be shipped by Seller after the Closing Date.