Common use of Shared Assets Clause in Contracts

Shared Assets. Spinco hereby represents and warrants to Cohesant, as follows: (a) Exhibit B hereto sets forth a true, accurate and complete list of all Shared Assets as of August 31, 2007 (the “Shared Asset List Date”); (b) except for such Shared Assets that, since the Shared Asset List Date, have been written off in the ordinary course of business prior to the date hereof or are written off prior to the Distribution Date (none of which are or shall be material, individually or in the aggregate), all of the Shared Assets set forth on Exhibit B hereto are Shared Assets as of the date hereof and shall be Shared Assets as of the Distribution Date; and (c) since the Shared Asset List Date, Cohesant has not acquired any Assets (except for Assets which are not material, individually or in the aggregate). (b) Exhibit B, as updated in accordance with Section 8.01(d), shall set forth a true, accurate and complete list of all Shared Assets as of the Distribution Date.