Common use of Certain Acquisitions of SpinCo Capital Stock Clause in Contracts

Certain Acquisitions of SpinCo Capital Stock. If SpinCo proposes to enter into any Section 7.02(e) Acquisition Transaction or, to the extent SpinCo has the right to prohibit any Section 7.02(e) Acquisition Transaction, proposes to permit any Section 7.02(e) Acquisition Transaction to occur, in each case, during the period from the date hereof until the first day after the Restriction Period, SpinCo shall provide XPO, no later than ten days following the signing of any written agreement with respect to the Section 7.02(e) Acquisition Transaction, with a written description of such transaction (including the type and amount of SpinCo Capital Stock to be issued in such transaction) and a certificate of the Chief Financial Officer of SpinCo to the effect that the Section 7.02(e) Acquisition Transaction is not a Proposed Acquisition Transaction or any other transaction to which the requirements of Section 7.02(d) apply (a “SpinCo CFO Certificate”).

Certain Acquisitions of SpinCo Capital Stock. If SpinCo proposes to enter into any Section 7.02(e6.02(e) Acquisition Transaction or, to the extent SpinCo has the right to prohibit any Section 7.02(e6.02(e) Acquisition Transaction, proposes to permit any Section 7.02(e6.02(e) Acquisition Transaction to occur, in each case, during the period from the date hereof until the first business day after the Restriction Period, SpinCo shall provide XPOParent, no later than ten (10) days following the signing of any written agreement with respect to the Section 7.02(e6.02(e) Acquisition Transaction, with a written description of such transaction (including the type and amount of SpinCo Capital Stock to be issued in such transaction) and a certificate of the Chief Financial Officer of SpinCo to the effect that the Section 7.02(e6.02(e) Acquisition Transaction is not a Proposed Acquisition Transaction or any other transaction to which the requirements of Section 7.02(d6.02(d)(i) apply (a “SpinCo CFO Certificate”).

Certain Acquisitions of SpinCo Capital Stock. If SpinCo proposes to enter into any Section 7.02(e7.02(d) Acquisition Transaction or, to the extent SpinCo has the right to prohibit any Section 7.02(e7.02(d) Acquisition Transaction, proposes to permit any Section 7.02(e7.02(d) Acquisition Transaction to occur, in each case, during the period from the date hereof until the first day after the Restriction Period, SpinCo shall provide XPOIAC, no later than ten days following the signing of any written agreement with respect to the Section 7.02(e7.02(d) Acquisition Transaction, with a written description of such transaction (including the type and amount of SpinCo Capital Stock to be issued in such transaction) and a certificate of the Chief Financial Officer chief financial officer of SpinCo to the effect that the Section 7.02(e7.02(d) Acquisition Transaction is not a Proposed Acquisition Transaction or any other transaction to which the requirements of Section 7.02(d7.02(c) apply (a “SpinCo CFO Certificate”).