stockdoc: your correct. MOBL kept the rights to the dial around lawsuit.
Article 2. Excluded Assets and Assumption of Liabilities
2.1. Excluded Assets. It is intended that Buyer shall purchase only the Acquired Assets. The following assets (the “Excluded Assets”) are specifically not included in the Acquired Assets, and Seller shall not sell to Buyer and Buyer shall not purchase from Seller the following:
(a) Contracts Not Acquired. Any rights to and under any contracts, leases, agreements (other than the Location Contracts, Cleveland Lease, the Support Agreements and TU Agreement) or other documents or instruments not expressly acquired by Buyer pursuant to Section 1.1, and specifically, the ten (10) Location Contracts, ANIs and Telephones identified on Schedule 2.1(a);
(b) Cash and Cash Equivalents. All cash and cash equivalents other than Coin in the Box.
(c) Dial Around Compensation. Any and all rights to receive dial around compensation with respect to the Telephones for dates prior to the Closing Date, regardless of the timing of the collections; and
(d) Other Regulatory Receipts and Litigation Awards. Any and all rights to apply for and receive retroactive regulatory reimbursements, including but not limited to, those reimbursements or refunds associated with the end user common line charge, new services test, dial around compensation or any other federal, state or local regulatory refunds that may be attributable to the Telephones for periods prior to the Closing Date, regardless of when such receipts are received.
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