Subsequent Acquisitions. Nothing in this Article XI shall be construed to prevent CHS from making an acquisition that includes a wholesale micro nutrient, agricultural chemical and/or seed marketing and/or sale business so long as LOL is given the option, exercisable within six (6) months after the closing of such acquisition, for LOL to acquire from CHS that portion of such acquisition relating to the wholesale agricultural chemical and/or seed marketing and/or sale business for fair market value and otherwise on customary and commercially reasonable terms. Similarly, nothing in this Section shall be construed to prevent LOL from making an acquisition that includes a wholesale crop nutrient marketing and/or sale business so long as CHS is given the option, exercisable within six (6) months after the closing of such acquisition, for CHS to acquire from LOL that portion of such acquisition relating to the wholesale crop nutrient marketing and/or sale business for fair market value and otherwise on customary and commercially reasonable terms.
Appears in 3 contracts
Sources: Distribution Agreement, Agreement Regarding Distribution of Assets (Land O Lakes Inc), Distribution Agreement (CHS Inc)