Sale of xxxxxx. Except for good cause, as defined by section 5-04-04, the purchase of a xxxxxx as defined in section 5-04-01, when the purchaser continues in business as a xxxxxx, shall obligate the new xxxxxx to all terms and conditions of the agreement in effect on the date of purchase. "Purchase", for the purposes of this chapter, includes the sale of stock, sale of assets, merger, lease, transfer, or consolidation.
Sale of xxxxxx. The Company will use its commercially reasonable efforts prior to the Closing to enter into an agreement to sell such of the assets used or held for use by the Company or any of its Subsidiaries in connection with the operation of the Xxxxxx Building Systems business (including without limitation all of the capital stock of any of the Company's Subsidiaries which have conducted all or any part of such business) as Parent shall determine, and to have the buyer assume and indemnify the Company and its Subsidiaries against all liabilities relating to or arising out of such business and assets, in each case on terms acceptable to Parent.
Sale of xxxxxx. Prior to the fifth (5th) anniversary of the Effective Date, Parent shall not effect or agree to a Sale of Xxxxxx without having first complied with the provisions of this Section 4.
