Discontinued Operations. Notwithstanding anything to the contrary in this Agreement or any classification under GAAP of any Person, business, assets or operations in respect of which a definitive agreement for the disposition thereof has been entered into as discontinued operations, no pro forma effect shall be given to any discontinued operations (and the Consolidated EBITDA attributable to any such Person, business, assets or operations shall not be excluded for any purposes hereunder) until such disposition shall have been consummated.
Discontinued Operations. Notwithstanding anything to the contrary in this Agreement or any other Loan Document, the Discontinued Operations shall not conduct, transact or otherwise engage in, or commit to conduct, transact or otherwise engage in, any business or operations other than those incidental to (a) the prosecution or defense in litigation or otherwise of claims asserted against the Discontinued Operations arising out of retained liabilities, the conduct of activities required in compliance with applicable law or in adjudication or administration of claims (whether by court order or negotiated settlement or otherwise), the maintenance of its corporate existence and financial record-keeping, or the engagement of personnel, counsel or third parties to conduct such activities on its behalf, and (b) the winding-up, dissolution, liquidation or other similar actions relating to the Discontinued Operations.
Discontinued Operations. (a) Upon its sale of the Discontinued Operations, the Company shall apply the net proceeds from such sale to the repayment of the Loans, first to the extent applicable the RLC, second to the extent applicable the Term B Loan and third to the extent applicable the Term A Loan.
Discontinued Operations. Adjusted Net Income for each fiscal year during the Measurement Period shall be adjusted to eliminate any profit or loss reported in the Company’s financial statements as discontinued operations and any gain or loss from the disposition of a Company subsidiary, all or substantially all of the assets of a Company subsidiary or a division, or any material amount of assets of the Company or a Company subsidiary.
Discontinued Operations. If the Contractor discontinues its programs or ceases to provide services, the Contractor shall protect DHS access rights by implementing one of the following options: 1) transfer the client records to a successor agency or entity that has entered into a contract with DHS to provide the services formerly provided by the Contractor; 2) deliver the client records to an office within the Contractor's organization and provide DHS with continuing immediate access to the records; 3) with the prior written consent of DHS which may be withheld for any reason, deliver the client records to DHS; or
Discontinued Operations. Any Liability or obligation pertaining to any discontinued operation owned or operated by Seller and related to or utilized by the Acquired Business as it was operated by Seller prior to the Closing Date;
Discontinued Operations. Prior to February 3, 2007, the Company distributed all of the shares of Pamida Holding Company to the Parent, which subsequently contributed the shares to a new holding company, Pamida Brands Holding, LLC. In accordance with SFAS No. 144, the Company has reflected the operations of Pamida as a discontinued operation for all periods presented. The Company has reflected as a dividend to the Parent the net assets of Pamida in the amount of $32.4 million on the date of distribution. The table below presents the significant components of Pamida’s operating results included in income from discontinued operations: February 3, 2007 (53 Weeks) January 28, 2006 (4 Weeks) December 31, 2005 (48 Weeks) January 29, 2005 (52 Weeks) (In Thousands) Revenues $ 828,260 $ 48,626 $ 735,719 $ 810,277 Income before income taxes 1,707 (1,640 ) 25,687 13,349 Income tax expense 498 298 10,162 4,924 Income from discontinued operations 1,209 (1,938 ) 15,525 8,425 The assets and liabilities of Pamida reflected as discontinued operations in the consolidated balance sheet as of January 28, 2006 are shown below. No assets or liabilities of Pamida are included in the consolidated balance sheet as of February 3, 2007. January 28, 2006 (In Thousands) Cash and cash equivalents $ 5,032 Receivables, less allowances 10,973 Merchandise inventories 162,062 Other current assets 2,612 Total current assets 180,679 Other assets and deferred charges 1,325 Intangible assets — net 2,543 Debt issuance costs 6,129 Net property and equipment 101,830 Deferred income taxes 12,638 Total non-current assets 124,465 Short term debt 14,237 Accounts payable — trade 44,852 Accrued compensation and related taxes 8,897 Deferred taxes and other accrued liabilities 38,481 Accrued income and other taxes 6,095 Current portion of long-term obligations 3,523 Total current liabilities 116,085 Real estate Loan 44,538 Capital lease obligations — long term 22,177 Other long-term obligations 89,100 Total non-current liabilities 155,815
Discontinued Operations. All assets, properties, rights and interests in, under or to agreements, instruments or contracts relating to businesses, operations or assets that immediately prior to the Closing have been (i) closed, wound up or otherwise terminated or (ii) ceased to be held or used in connection with Transferor’s businesses or operations, including the Business that is conducted at the Facilities; and
Discontinued Operations. On August 20, 1999, the Company sold the assets of its Technical Services segment. Additional details are disclosed in the Company's 1999 Form 10-K. The Company accounted for the sale of its Technical Services segment as a discontinued operation in accordance with APB Opinion No. 30, Reporting the Results of Operations, and, accordingly, the results of operations of the Technical Services segment have been segregated from continuing operations and reported as a separate line item on the Company's Consolidated Income Statements. The Company recorded an additional pre-tax gain of $7.3 million on the disposition of discontinued operations as a result of a post-closing selling price settlement in the second quarter of 2000. Summary operating results of the discontinued operations were as follows: THREE MONTHS ENDED NINE MONTHS ENDED OCTOBER 3, 1999 OCTOBER 3, 1999 (IN THOUSANDS)