definiens: is defined as being the longer of the period which terminates five ( 5 ) yearsfrom the date of said agreement and the period of Covenantor ’s employment with any DaVita Affiliate, as definedbelow, and two ( 2 ) years thereafter ; provided further that any other non - compete agreement between on the one hand, and each of Cope, Exum and Puglise, on the other, shall be assigned to Buyer and shall remain in full force and effectfollowing such assignment ; 9.4.17 A complete and accurate listing of the location of all Material Equipment as of the Business Dayimmediately preceding the Closing Date ; 9.4.18 A complete and accurate drug Inventory for all locations of Company conducted as of the close ofbusiness on the day before the Closing Date ; 9.4.19 Evidence that the sweep instruction in place for Company ’s cash account at SunTrust Bank has beenwithdrawn