Business Generally. The Sellers are not aware of the existence of any conditions, including, without limitation, any actual or potential competitive factors in the markets in which the Sellers participate, which have not been disclosed to the Buyer and which could reasonably be expected to have a material adverse effect on the businesses and operations of any of the Sellers, other than business and economic conditions generally affecting the industry and markets in which the Sellers participate.
Business Generally. Except as set forth in Schedule 3.24 of the Disclosure Schedule, there has been no event, transaction or information which has come to the attention of Seller which, as it relates directly to the Business, could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to the Business.
Business Generally. The Seller is not aware of the existence of ------------------ any conditions which could be reasonably expected to have a material adverse effect on the business and operations of the Company, other than general business and economic conditions generally affecting the industry and markets in which the Company participates.
Business Generally. To Company's knowledge, except as set forth in the Disclosure Schedule, there has been no event, transaction or information which has come to the attention of Company which, as it relates directly to the business of Company, could, individually or in the aggregate, reasonably be expected to have a material adverse effect on such business.
Business Generally. Subject to the terms and conditions of this Agreement, the scope of the business of the Company shall be (a) developing, designing, testing, manufacturing, assembly, branding, marketing, selling (including providing purchase financing to customers), and distributing and providing product support for (including providing JV Truck Replacement Parts and service for) JV Trucks, in each case for all market segments (including Governmental XXX Customers and Governmental Conventional Customers as set forth in Section 11.1.3; provided, however, that the scope of the business shall not include the sale of vehicles (including military vehicles, tactical vehicles, COTS vehicles with military features, COTS vehicles and related parts, and Mine Resistant Ambush Protected vehicles) to military customers (including sales through sales and resale agents, procurement agents, prime contractors, and subcontractors where such sales are for use exclusively by military customers), (b) all things incidental thereto or connected therewith to the extent permitted under the Act and not in conflict with the terms of this Agreement (the activities described in clauses (a) and (b), collectively, the “Business”), and (c) to the extent approved by the Board upon Majority Consent such other business that a limited liability company organized in Delaware may lawfully conduct and that is not otherwise in conflict with the terms of this Agreement. Except as set forth in Sections 2.3.7, 2.3.8 and 10.1.12 of this Agreement or as approved by the Board upon Majority Consent, the Company shall sell JV Trucks and JV Truck Replacement Parts solely in the ROW. It is the intent of each of the Parties that the Business be conducted in accordance with the timetables and schedules set forth in this Agreement (including the Annual Business Plans and the Rolling Business Plans of the Company, as such plans are described in Section 2.2). The Company shall conduct the Business in full compliance with all applicable laws, Caterpillar’s Worldwide Code of Conduct, Navistar’s Code of Conduct and the terms and conditions of this Agreement and the Related Agreements. For purposes of the preceding sentence, if there is any inconsistency between Caterpillar’s Worldwide Code of Conduct and Navistar’s Code of Conduct, the Board shall resolve such discrepancy.
Business Generally. Since July 1, 1996, there have been no events, transactions or information which have come to the attention of the Sellers (other than matters in the public domain) which could be expected to have an adverse effect on the business and operations of the Company, and the Company is not a party to any agreement, contract or covenant limiting the Company from competing in any line of business or with any person or other entity in any geographic area.
Business Generally. There have been no events or transactions, or information which has come to the attention of the Company or any officer, director or Key Employee thereof that could reasonably be expected to have a Company Material Adverse Effect or a Phase Three Material Adverse Effect, and to the Company's best knowledge, neither the Company nor Phase Three is obligated under any contract or agreement or subject to any Charter or other corporate restriction which could have a Company Material Adverse Effect.
Business Generally. There have been no events or transactions or ------------------ information which has come to the attention of the Issuer which, as they relate directly to the business and assets of the Issuer, could reasonably be expected to have a material adverse effect on the profitability of the business and operations of the Issuer.
Business Generally. There have been no events or transactions, or ------------------ information which has come to the attention of the Buyer which, as they relate directly to the business and assets of the Buyer, could reasonably be expected to have a material adverse effect on the profitability of the business and operations of the Buyer.
Business Generally. The Company has no knowledge of the ------------------ existence of any conditions, including, without limitation, any actual or potential competitive factors in the markets in which the Company and its Subsidiaries participate, which have not been disclosed in writing to the Parent and which could reasonably be expected to have a Material Adverse Effect on the Company, other than general business and economic conditions generally affecting the industry and markets in which the Company and its Subsidiaries participate.
