Common use of Divested Facilities Clause in Contracts

Divested Facilities. If any Group Company sells, transfers or assigns a Facility prior to the Closing, the proceeds from such sale, transfer or assignment shall be included (without duplication) in Cash and Cash Equivalents and the Enterprise Value shall be reduced on a dollar-for-dollar basis. If a Group Company finances any portion of such sale, transfer or assignment for the third party purchaser, the financed portion (i.e., a note or other Indebtedness) shall not be included in the Notes Receivable Amount.

Appears in 2 contracts

Sources: Stock Purchase Agreement, Stock Purchase Agreement (Global Partners Lp)