WIN Action definition
WIN Action means (i) any transaction with respect to the stock or assets of WIN or the WIN Subsidiaries that occurs after the Closing Date, (ii) any failure by WIN after the Closing Date to maintain its status as a company engaged in the conduct of an active trade or business or (iii) (x) the failure of any representation made by WIN in connection with the Rulings or the Tax Opinions or any subsequent ruling or opinion in connection with the Exchange, in each case with respect to WIN or the businesses conducted by WIN or the plans, proposals, intentions and policies of WIN after the Closing Date, to have been true and correct in all material respects when made, or (y) the failure by WIN or the WIN Subsidiaries to comply with any covenant made by WIN in connection with the Rulings or the Tax Opinions or any subsequent ruling or opinion in connection with the Exchange.