Common use of Divested Businesses Clause in Contracts

Divested Businesses. (a) If at any time during the Term (including any Phase-Out Period) applicable to any MSO Party, such MSO Party and/or any of its Controlled Affiliates sells, transfers or otherwise divests (other than to a Restricted Entity) an MSO Divested Business (the date of such sale, transfer or other divestiture, the “MSO Divestiture Date”) in a particular geographic area (it being understood that such geographic area may be a portion of a Market) in such a manner that upon the closing such MSO Party would no longer have the ability to offer MSO Core Services in such geographic area, such MSO Party shall have the right, at its sole and absolute discretion and notwithstanding anything in Section 2.3.5 to the contrary, to permit such MSO Divested Business (or the acquirer thereof) to resell the Wireless Broadband Service to its end users in such geographic area in accordance with the terms of this Agreement in the same manner and to the