Similar Transactions. Each party understands and agrees that the -------------------- Parent may acquire other entities that are in a business similar to that of the Company. In the event that, prior to the Second Adjustment Date, Parent acquires another entity similar to the Company on terms substantially more favorable to the equity owners of such entity after taking into account the similarities and differences of the businesses, then the valuation of the Company at the First Adjustment Date and the Second Adjustment Date shall be recalculated to take into account such favorable treatment and the First Adjustment to Purchase Price and Second Adjustment to Purchase Price shall be recalculated promptly on such more favorable basis. Any additional shares due to the Sellers upon such recalculation shall be issued promptly to the Company Shareholders.
Similar Transactions. 40 ARTICLE VI -
Similar Transactions. In the past three years, the Company and its wholly- owned subsidiary Jiangsu Nengyin have not engaged in similar transactions with Yining County People's Government.
Similar Transactions. 40 ARTICLE VI - CONDITIONS TO THE MERGER.............................................................................. 41 6.1 Conditions to Obligations of Each Party to Effect the Merger........................................... 41 6.2 Additional Conditions to Obligations of Company........................................................ 41 6.3 Additional Conditions to the Obligations of Parent and Sub............................................. 42 6.4 Satisfaction or Waiver of Conditions................................................................... 43 ARTICLE VII - SURVIVAL OF REPRESENTATIONS AND WARRANTIES; ESCROW................................................... 43 7.1 Survival of Representations and Warranties............................................................. 43 7.2 Escrow Arrangements; Setoff............................................................................ 43 7.3 Indemnity.............................................................................................. 50 ARTICLE VIII - TERMINATION, AMENDMENT AND WAIVER................................................................... 51
Similar Transactions. It has in the last two years, or intends in the future, to enter into similar transactions as the transaction it is entering into pursuant to this Participation Agreement and the Operative Documents.
