Common use of Restructuring Transactions Clause in Contracts

Restructuring Transactions. (a) The parties acknowledge that Smithfield and certain of its Affiliates undertook, or caused to be undertaken, prior to the date hereof, the Restructuring Transactions. (b) Notwithstanding any other provision contained herein to the contrary, the parties agree that the undertaking by Smithfield or its Affiliates of the Restructuring Transaction, and the consummation thereof, did not cause and shall not be deemed to have constituted (i) a breach of any representation, warranty or covenant contained herein, (ii) a Material Adverse Effect, (iii) an Event of Default, or (iv) an Unmatured Event of Default.

Restructuring Transactions. (a) The parties acknowledge that Smithfield and certain of its Affiliates undertook, or caused to be undertaken, the actions set forth on Exhibit VIII hereto prior to the date hereofhereof (collectively, the “Restructuring Transactions”). (b) Notwithstanding any other provision contained herein to the contrary, the The parties agree further acknowledge that the undertaking by Smithfield or and its Affiliates of the Restructuring TransactionTransactions, and the consummation thereof, did not cause and shall not be deemed to have constituted (i) a breach of any representation, warranty or covenant contained herein, (ii) a Material Adverse Effect, (iii) an Event of Defaulta Termination Event, or (iv) an Unmatured Event of DefaultTermination Event.