Examples of Cylinder Exchange Business in a sentence
In addition, the Contributor Parties will not permit any Person participating in the sales process to participate as a potential buyer of the Cylinder Exchange Business without first requiring such Person to (A) withdraw from the sales process and (B) obtain Acquirer’s prior consent.
As promptly as practicable after the date hereof, the Contributor Parties shall and shall cause HPX to use their reasonable best efforts to sell the Cylinder Exchange Business to a third party in a lawful manner designed to achieve the best available cash purchase price.
Notwithstanding anything herein to the contrary, the Parties acknowledge and agree that the Contributor Parties shall not sell, and Acquirer shall not offer to buy from the Contributor Parties, the Cylinder Exchange Business.
Section 5.9(b) of the Contribution Agreement is hereby amended by adding as the last sentence thereof the following: “Notwithstanding anything in the Agreement to the contrary, Acquirer acknowledges that any and all information concerning the Cylinder Exchange Business shall not be subject to the limitations set forth in this S ection 5.9(b).”S ection 2.6 Amendment to Section 5.29(a).
If at any time after the Carve Out Transaction, the Parties discover that (i) XXXX is in possession of any asset constituting part of the Cylinder Exchange Business, Acquirer shall cause XXXX to immediately transfer such assets to HPX or (ii) HPX is in possession of any asset transferred to HPX as part of the Carve Out Transaction that does not constitute part of the Cylinder Exchange Business, the Contributor Parties shall cause HPX to immediately transfer such assets to XXXX.
Acquirer acknowledges that the Cylinder Exchange Transition Services Agreement will be assignable to the third party buyer of the Cylinder Exchange Business, if requested by said buyer.
Notwithstanding anything herein to the contrary, the Parties acknowledge and agree that theContributor Parties shall not sell, and Acquirer shall not offer to buy from the Contributor Parties, the Cylinder Exchange Business.
Acquirer agrees, however, that with prior notice to and in consultation with Acquirer, the Contributor Parties and HPX may agree to sell the Cylinder Exchange Business on terms materially different than those set forth above if necessary to obtain any authorization, consent or approval of any Governmental Authority under any Regulatory Law that is required to consummate the sale of the Cylinder Exchange Business to a third party.
Prior to the Contribution Closing, the Contributor Parties shall cause HOLP and HPX to enter into such leases with HOLP as the lessor and HPX as the lessee, except with respect to the property in Centre, Alabama with respect to which HPX will be the lessor and HOLP will be the lessee, as are reasonably necessary in order to provide HPX access to the real property currently utilized in the operation of the Cylinder Exchange Business.
Section 5.29(a) of the Contribution Agreement is hereby amended by adding as the last sentence thereof the following: “The amount of the Divestiture Cap shall be reduced by the revenue attributable to the Cylinder Exchange Business for the twelve (12) monthsended June 30, 2011.” S ection 2.7 Amendment to Section 5.11.