Deferred Contracts definition
Examples of Deferred Contracts in a sentence
As soon as possible, but no later than five (5) Business Days prior to the Closing Date, Purchaser shall present to Seller a list of those contracts that shall be assumed by and assigned to Purchaser (the "Assumed Contracts"), and shall identify those contracts that Purchaser reserves the right to assume (the "Deferred Contracts").
Schedule 2.01 Commitments Schedule 3.01 Amortization Schedule Schedule 5.03 Necessary Project Approvals Part A First Funding Project Approvals Part B Deferred Approvals Schedule 5.08 Project Compliance Schedule 5.09 Litigation Schedule 5.11 Project Contracts Part A Necessary Project Contracts Part B Deferred Contracts Schedule 5.12(c) UCC Filing Offices Schedule 5.13 Site Description Schedule 5.22 Separateness Schedule 5.31 Patents, Trademarks, Etc.
Within ninety (90) days after the -------------------------------- Closing Date, ACI shall inform the Seller in writing (the "Deferred Notice") whether the Deferred Contracts shall be assumed by Seller and assigned to ACI pursuant to Section 365 of the Bankruptcy Code.
Since substantially all the other Specified Assets of the Business will be transferred to RECo as of the Closing, the parties desire to into this Subcontract pursuant to which REC0 agrees to perform the obligations (and receive the benefits) of the identified Contracts and ▇▇▇▇▇▇ agrees to retain the direct relationship with the Customers under such Deferred Contracts and to take actions consistent with the direct relationship retained by ▇▇▇▇▇▇.
If, within ninety (90) days after the Closing Date, ACI has not delivered to Seller the Deferred Notice or ACI has earlier instructed the Seller that ACI does not intend to acquire and assume the Deferred Contracts (a "Rejection Notice"), then such Deferred Contracts shall be deemed to be included in the Excluded Contracts.
Notwithstanding any provision of the Purchase Agreement to the contrary, the Deferred Contracts shall not be included in the Assigned Contracts or the Excluded Contracts as of the Closing Date.
If ACI elects to have the Deferred Contracts assumed by the Seller and assigned to ACI, immediately upon delivery to the Seller of the Deferred Notice, the parties shall use their commercially reasonable best efforts to obtain an order from the Bankruptcy Court approving the assumption and assignment of the Deferred Contracts (the "Deferred Contracts Order").
Seller and Buyer shall agree in good faith as to the terms of such Alternative Arrangement, which arrangement may consist of an arrangement pursuant to which Seller subcontracts Buyer to perform under the Deferred Contracts, substantially in the form of the Subcontract attached hereto as Exhibit C.