Commingled Contracts definition

Commingled Contracts has the meaning set forth in Section 6.5(b)(i).
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Commingled Contracts means any Contract pursuant to which a third party that is not an Affiliate of FCB or any of its Subsidiaries provides or receives services or benefits in respect of both (a) the Business and (b) the Retained Business.
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Commingled Contracts shall include any Contracts between the Seller and/or its Affiliates, on the one hand, and product or service supplier, provider, vendor, contractor, or subcontractor, on the other hand, that both (a) serve or are otherwise related to the PSA Sites and (b) serve or are otherwise related to the Japan Plant and the Canada Retreading Site (as such terms are defined in the Seller Disclosure Letter) (including, for the avoidance of doubt, such Contracts that are Related to the Business).
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Examples of Commingled Contracts in a sentence

  • Promptly after the date hereof, the Sellers shall, and shall cause each of their Subsidiaries to, use commercially reasonable efforts to identify all Internal RCAP Commingled Contracts, provide a schedule of such identified Internal RCAP Commingled Contracts to Apollo, and supplement such schedule from time to time after the initial delivery thereof if additional Internal RCAP Commingled Contracts are subsequently identified.

  • Section 3.23 of the Company Disclosure Schedules sets forth a correct and complete list of all Commingled Contracts as of the date hereof.

  • General 16 Section 2.2 Transfer of Assets and Assumption of Liabilities 16 Section 2.3 Treatment of Commingled Contracts 19 Section 2.4 Termination of Intercompany Contracts 19 Section 2.5 Intercompany Accounts 20 Section 2.6 Nonassignability of Assets and Liabilities 20 Section 2.7 Wrong Pockets 22 Section 2.8 Novation of Liabilities.

  • From and after the date hereof, the Parties shall take actions reasonably necessary to allocate rights and obligations under such Commingled Contracts in accordance with the foregoing.

  • Schedule 7.3 sets forth a list of all Commingled Contracts for the supply of products or services which obligates the Seller or its Subsidiaries to make annual payments allocable to the Business in excess of $250,000.

  • Seller shall use reasonable best efforts to, within sixty (60) days of the date hereof, provide Purchaser with a list of all Material Commingled Contracts and true, correct and complete copies of all Material Commingled Contracts and all amendments thereto.

  • The Parties have determined that it is advisable that the Excluded Commingled Contracts be separated into separate Contracts between the applicable third party and each of (i) the business retained by Seller and its Affiliates (including the Conveyed Companies) and (ii) the Business.

  • Without limiting the generality of the foregoing, at the request of Buyers, promptly following the Execution Date (x) Sellers shall send parties to any Commingled Contracts a notice of split and assignment (or request for consent thereto) in a form reasonably acceptable to Buyers and (y) Sellers shall cause their employees and personnel responsible for relationships with counterparties to such Commingled Contracts to request such counterparty’s consent to any split and assignment.

  • This Section 4.5(a) shall not limit the obligations with respect to Transferred Contracts and Commingled Contracts set forth in Section 4.20.

  • Seller shall cooperate with Buyer in good faith to facilitate ▇▇▇▇▇’s efforts to evaluate the Commingled Contracts and determine the treatment thereof under this Section 5.18, including by providing reasonable information requested by Buyer regarding the underlying Commingled Contracts on a “clean team-only” basis and subject to the limitations set forth in Section 5.2(a).


More Definitions of Commingled Contracts

Commingled Contracts means all contracts, arrangements and agreements entered into on or prior to Closing, by or on behalf of any member of the Seller’s Group on the one hand and any third party on the other hand, that relate to both the Elephant Group Business and Retained Seller’s Group Business, but excluding any contracts, arrangements or undertakings listed in paragraphs (iii) to (v) of the definition of “Excluded Contracts”;
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Commingled Contracts means the Contracts (including Contracts with customers and suppliers) to which Seller and/or its Affiliates are party that are related to both the Business and other businesses of Seller. “Commingled Contracts” shall include any Contracts between the Seller and/or its Affiliates, on the one hand, and product or service supplier, provider, vendor, contractor, or subcontractor, on the other hand, that both (a) serve or are otherwise related to the PSA Sites and (b) serve or are otherwise related to the Japan Plant and the Canada Retreading Site (as such terms are defined in the Seller Disclosure Letter) (including, for the avoidance of doubt, such Contracts that are Related to the Business).
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Commingled Contracts has the meaning specified in Section 8.12(a).
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Related to Commingled Contracts