Divested Asset definition
Examples of Divested Asset in a sentence
If Jupiter Sub-1 and Lucky Sub-1 provide the Company with a Divested Asset Commitment prior to the Election Date, the Company shall negotiate and, upon the funding of all required contributions, complete a purchase of the Divested Asset for its own account.
If Lucky Sub-1 provides the Company with a Divested Asset Commitment prior to the Election Date (and Jupiter Sub-1 shall have failed to so provide such a commitment), Lucky Parent and its Affiliates shall have the right, but not the obligation, to negotiate and complete a purchase of all or any portion of such Divested Asset for their own account.
If Buyer and Newpark are unable to mutually agree upon a valuation expert within twenty (20) calendar days following the receipt of such Divestiture Notice, Newpark and Buyer shall each select a valuation expert, and the two valuation experts shall select a third valuation expert who will determine, on its own, the Agreed Value of such Divested Asset in accordance with the preceding sentence.
If Company divests a Property, the Parties shall reduce the then-current Baseline proportionately based on the sale of the Divested Asset (as defined below) subject to the following conditions: i.
The immediately preceding sentence shall apply to Divested Assets only to the extent of any rights retained by any Selling Entities following the Closing and only to the extent that the agreements relating to the sale of the Divested Asset by any Selling Entities permit.
If CCS and Newpark are unable to mutually agree upon a valuation expert within twenty (20) calendar days following the receipt of such Divestiture Notice, Newpark and CCS shall each select a valuation expert, and the two valuation experts shall select a third valuation expert who will determine, on its own, the Agreed Value of such Divested Asset in accordance with the preceding sentence.
For clarity, if Company no longer retains such management and control of the Property (or Properties), then the Property (or Properties) will become a Divested Asset and subject to Paragraph 6.a above.
Notwithstanding the foregoing, any Property (or Properties) that Company divests but otherwise retains sufficient management and control thereof to continue to perform its obligations under the Agreement shall not be considered a Divested Asset for purposes of this Paragraph 6.