Common use of Business Generally Clause in Contracts

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. 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 CXX 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. 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 COX Xustomers 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.