Commingled Contracts definition
Commingled Contracts has the meaning set forth in Section 6.5(b)(i).
Commingled Contracts means any Contract pursuant to which a third party that is not an Affiliate of FCB or any of its Subsidiaries provides or receives services or benefits in respect of both (a) the Business and (b) the Retained Business.
Commingled Contracts means all contracts, arrangements and agreements entered into on or prior to Closing, by or on behalf of any member of the Seller’s Group on the one hand and any third party on the other hand, that relate to both the Elephant Group Business and Retained Seller’s Group Business, but excluding any contracts, arrangements or undertakings listed in paragraphs (iii) to (v) of the definition of “Excluded Contracts”;
Examples of Commingled Contracts in a sentence
For all other Commingled Contracts, Seller and/or its Affiliates will assume all of the rights and obligations under such Commingled Contract following the Closing, and Seller shall indemnify and hold harmless Buyer and its Affiliates (including the Company and the Company Subsidiaries) for all Losses resulting from Seller’s failure to perform, pay or discharge any obligations under such Commingled Contracts.
More Definitions of Commingled Contracts
Commingled Contracts means the Contracts (including Contracts with customers and suppliers) to which Seller and/or its Affiliates are party that are related to both the Business and other businesses of Seller. “Commingled Contracts” shall include any Contracts between the Seller and/or its Affiliates, on the one hand, and product or service supplier, provider, vendor, contractor, or subcontractor, on the other hand, that both (a) serve or are otherwise related to the PSA Sites and (b) serve or are otherwise related to the Japan Plant and the Canada Retreading Site (as such terms are defined in the Seller Disclosure Letter) (including, for the avoidance of doubt, such Contracts that are Related to the Business).
Commingled Contracts has the meaning specified in Section 8.12(a).
Commingled Contracts shall include any Contracts between the Seller and/or its Affiliates, on the one hand, and product or service supplier, provider, vendor, contractor, or subcontractor, on the other hand, that both (a) serve or are otherwise related to the PSA Sites and (b) serve or are otherwise related to the Japan Plant and the Canada Retreading Site (as such terms are defined in the Seller Disclosure Letter) (including, for the avoidance of doubt, such Contracts that are Related to the Business).