Conduct of WhiteWave Business between IPO Settlement Date and Distribution Date. Subject to any additional restrictions in the Tax Matters Agreement, during the period from the IPO Settlement Date through the earlier of the Distribution Date and the termination of this Agreement, WhiteWave covenants and agrees that the WhiteWave Group as a whole shall not, without the prior written consent of the Executive Committee of the Board of Directors of Xxxx Foods: (a) acquire any business, by means of merger, consolidation or otherwise, of any other Person, for aggregate consideration of more than $10 million for such acquisition, (b) dispose of Assets, other than the sale of inventory in the Ordinary Course of Business, held by the WhiteWave Group, by sale or otherwise, with an aggregate value of more than $10 million in any one such disposition, or (c) acquire any equity or debt securities of any other Person, for aggregate consideration of more than $10 million per acquisition.
Appears in 4 contracts
Samples: Separation and Distribution Agreement (Dean Foods Co), Separation and Distribution Agreement (WHITEWAVE FOODS Co), Services Agreement (WHITEWAVE FOODS Co)
