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CMCSA » Topics » in their capacities as creditors or equityholders, in a discriminatory manner as compared to similarly classified stakeholders, (C) shall not conflict with, derogate from or otherwise contain any provision that is inconsistent in any manner adverse to BuyThis excerpt taken from the CMCSA 8-K filed Jun 27, 2006. in their capacities as creditors or
equityholders, in a discriminatory manner as compared to similarly classified
stakeholders, (C) shall not conflict with, derogate from or otherwise
contain any provision that is inconsistent in any manner adverse to Buyer with
the 363 Order, the confirmation order with respect to the JV Plan, this
Agreement or any Ancillary Agreement, and (D) shall provide for the
treatment of Retained Claims in a manner consistent with this Agreement. In
connection with the Remainder Plan, Seller shall, and shall cause its
Affiliates to, use commercially reasonable efforts to have such Remainder Plan
provide (x) that the sale of the Transferred Assets pursuant to the 363
Order was in contemplation, and in furtherance, of the Remainder Plan and (y) for
the ratification of any finding in the 363 Order that section 1146 of the
Bankruptcy Code was and remains applicable with respect to the Transferred
Assets. Following confirmation of the Remainder Plan, Seller shall keep Buyer
reasonably informed as to all material developments in respect of the
implementation of the Remainder Plan, including the timing and amount of any
distribution of Purchase Shares (as defined in the Friendco Purchase Agreement)
or the establishment of any reserves that include Purchase Shares (as defined
in the Friendco Purchase Agreement).
Section 5.12 Name of Business. Buyer shall cause the Acquired Business, within six months following the Closing Date, not to use or conduct business using any such terms, or other names, marks, logos or indicia of Seller, other than to use the name “Adelphia” to notify Persons of their name changes in connection with the Transaction. During such six month period such use shall be permitted consistent with past practices. The Business may, notwithstanding any expiration of such six month period, continue to use reproductions of such names or marks that are affixed to converters, remotes and other items already in use as of the Closing Date in customer homes or properties or that are already in use as of the Closing Date in similar fashion making such removal or discontinuation impracticable; provided that Buyer shall discontinue use of such items bearing such reproductions upon it becoming reasonably practicable to do so (e.g., upon their return to Buyer or removal from service).Section 5.13 Equipment Leases. Seller shall, and shall cause its Affiliates to, pay the remaining balances on any Equipment Leases and shall deliver title to all vehicles and Fixtures and Equipment covered by such Equipment Leases free and clear of all Encumbrances to Buyer at the Closing. |
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