Common use of Corporate Restructuring Transactions Clause in Contracts

Corporate Restructuring Transactions. On or prior to the Distribution Date and otherwise in accordance with the terms and provisions set forth in Exhibit B hereto, ESI and ADA-ES shall, and shall cause each of their respective Subsidiaries to, as applicable, take such actions as are necessary to cause, effect and consummate the Corporate Restructuring Transactions. ESI and ADA-ES hereby agree that any one or more of the Corporate Restructuring Transactions may be modified, supplemented or eliminated; provided such modification, supplement or elimination (a) is necessary or appropriate to divide the existing businesses of ESI so that the ADA-ES Business shall be owned, directly and indirectly, by ADA-ES, and (b) does not, individually or in the aggregate, adversely affect the ESI Business (other than to a de minimis extent).