Common use of Notwithstanding Sections 2 Clause in Contracts

Notwithstanding Sections 2. 5 and 5.2 of this Agreement, each of AgCo and SpecCo acknowledges on behalf of itself and the other members of its Group that (i) the Transfer or delivery of the Materials Science Assets owned or possessed by either members of the AgCo Group or members of the SpecCo Group, respectively, (ii) the provision of access to Information that MatCo has, pursuant to this Agreement or any Designated Ancillary Agreement, the right to access, and (iii) the provision of access to Information that MatCo has, pursuant to this Agreement or any Ancillary Agreement, the right to use, in each case (clauses (i)-(iii)), as set forth on Schedule 2.6(k) has not been consummated at or prior to the Effective Time and each of AgCo and SpecCo, respectively, shall effect such Transfers, delivery and provision of access to MatCo (or its designee) as promptly following the Effective Time as shall be practicable (and in any event, prior to the time set forth therefor on Schedule 2.6(k)) and otherwise in accordance with Section 2.6(a) (in respect of the Transfer of the Materials Science Assets) and the other applicable provisions of this Agreement and the applicable Ancillary Agreements (including the Service Addendum regarding Access to Information and Records set forth in each of the General Services Agreements).

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Corteva, Inc.), Separation and Distribution Agreement (DowDuPont Inc.), Separation and Distribution Agreement (Dow Inc.)

AutoNDA by SimpleDocs

Notwithstanding Sections 2. 5 and 5.2 of this Agreement, each of AgCo and SpecCo MatCo acknowledges on behalf of itself and the other members of its Group that (i) the Transfer or delivery of the Materials Science Specialty Products Assets owned or possessed by either members of the AgCo Group or members of the SpecCo MatCo Group, respectively, (ii) the provision of access to Information that MatCo SpecCo has, pursuant to this Agreement or any Designated Ancillary Agreement, the right to access, and (iii) the provision of access to Information that MatCo SpecCo has, pursuant to this Agreement or any Ancillary Agreement, the right to use, in each case (clauses (i)-(iii)), as set forth on Schedule 2.6(k) 2.6(j), has not been consummated at or prior to the Effective Time and each of AgCo and SpecCo, respectively, MatCo shall effect such Transfers, delivery and provision of access to MatCo SpecCo (or its designee) as promptly following the Effective Time as shall be practicable (and in any event, prior to the time set forth therefor on Schedule 2.6(k2.6(j)) and otherwise in accordance with Section 2.6(a) (in respect of the Transfer of the Materials Science Specialty Products Assets) and the other applicable provisions of this Agreement and the applicable Ancillary Agreements (including the Service Addendum regarding Access to Information and Records set forth in each of the General Services Agreements).

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Corteva, Inc.), Separation and Distribution Agreement (DowDuPont Inc.), Separation and Distribution Agreement (Dow Inc.)

Notwithstanding Sections 2. 5 and 5.2 of this Agreement, each of AgCo and SpecCo MatCo acknowledges on behalf of itself and the other members of its Group that (i) the Transfer or delivery of the Materials Science Agriculture Assets owned or possessed by either members of the AgCo Group or members of the SpecCo MatCo Group, respectively, (ii) the provision of access to Information that MatCo AgCo has, pursuant to this Agreement or any Designated Ancillary Agreement, the right to access, access and (iii) the provision of access to Information that MatCo AgCo has, pursuant to this Agreement or any Ancillary Agreement, the right to use, in each case (clauses (i)-(iii)), as set forth on Schedule 2.6(k) 2.6(i), has not been consummated at or prior to the Effective Time and each of AgCo and SpecCo, respectively, MatCo shall effect such Transfers, delivery and provision of access to MatCo AgCo (or its designee) as promptly following the Effective Time as shall be practicable (and in any event, prior to the time set forth therefor on Schedule 2.6(k2.6(i)) and otherwise in accordance with Section 2.6(a) (in respect of the Transfer of the Materials Science Agriculture Assets) and the other applicable provisions of this Agreement and the applicable Ancillary Agreements (including the Service Addendum regarding Access to Information and Records set forth in each of the General Services Agreements).

Appears in 2 contracts

Samples: Separation and Distribution Agreement (Corteva, Inc.), Separation and Distribution Agreement (Dow Inc.)

Notwithstanding Sections 2. 5 and 5.2 of this Agreement, each of AgCo and SpecCo acknowledges on behalf of itself and the other members of its Group that (i) the Transfer or delivery of the Materials Science Assets owned or possessed by either members of the AgCo Group or members of the SpecCo Group, respectively, (ii) the provision of access to Information that MatCo has, pursuant to this Agreement or any Designated Ancillary Agreement, the right to access, and (iii) the provision of access to Information that MatCo has, pursuant to this Agreement or any Ancillary Agreement, the right to use, in each case (clauses (i)-(iii)), as set forth on Schedule 2.6(k) has not been consummated at or prior to the Effective Time and each of AgCo and SpecCo, respectively, shall effect such Transfers, delivery and provision of access to MatCo (or its designee) as promptly following the Effective Time as shall be practicable (and in any event, prior to the time set forth therefor on Schedule 2.6(k)) and otherwise in accordance with Section 2.6(a) (in respect of the Transfer of the Materials Science Assets) and the other applicable provisions of this Agreement and the applicable Ancillary Agreements (including the Service Addendum regarding Access to Information and Records set forth in each of the General Services Agreements).

Appears in 2 contracts

Samples: Separation and Distribution Agreement (Corteva, Inc.), Separation and Distribution Agreement (Dow Inc.)

AutoNDA by SimpleDocs

Notwithstanding Sections 2. 5 and 5.2 of this Agreement, each of AgCo and SpecCo MatCo acknowledges on behalf of itself and the other members of its Group that (i) the Transfer or delivery of the Materials Science Specialty Products Assets owned or possessed by either members of the AgCo Group or members of the SpecCo MatCo Group, respectively, (ii) the provision of access to Information that MatCo SpecCo has, pursuant to this Agreement or any Designated Ancillary Agreement, the right to access, and (iii) the provision of access to Information that MatCo SpecCo has, pursuant to this Agreement or any Ancillary Agreement, the right to use, in each case (clauses (i)-(iii)), as set forth on Schedule 2.6(k) 2.6(j), has not been consummated at or prior to the Effective Time and each of AgCo and SpecCo, respectively, MatCo shall effect such Transfers, delivery and provision of access to MatCo SpecCo (or its designee) as promptly following the Effective Time as shall be practicable (and in any event, prior to the time set forth therefor on Schedule 2.6(k2.6(j)) and otherwise in accordance with Section 2.6(a) (in respect of the Transfer of the Materials Science Specialty Products Assets) and the other applicable provisions of this Agreement and the applicable Ancillary Agreements (including the Service Addendum regarding Access to Information and Records set forth in each of the General Services Agreements).

Appears in 2 contracts

Samples: Separation and Distribution Agreement (Corteva, Inc.), Separation and Distribution Agreement (Dow Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.