Common use of EBS Clause in Contracts

EBS. As of the Closing Date, either (a) the Business, combined --- with the EBS's of the Xxxxxxxxxxx System and the Southwest Michigan System, has no fewer than 16,530 EBSs or (b) Buyer has waived its right to an adjustment pursuant to SECTION 3. 2.1 except to the extent of the adjustment applicable if the number of EBS's (i) of the Business were 673, (ii) in the Xxxxxxxxxxx System were 1437 and (iii) in the Southwest Michigan System were 14,420.

EBS. As of the Closing Date, either (a) the Business, combined --- with the --- EBS's of the Xxxxxxxxxxx Southwest Michigan System and the Southwest Michigan Vicksburg System, has no fewer than 16,530 EBSs EBS's; provided, that if such aggregate number of EBS's is less than 16,530, Buyer may elect not to close, or (b) if Buyer has waived its right elects to an adjustment pursuant to SECTION 3. 2.1 except to close, the extent of the adjustment applicable pursuant to SECTION 3.2.1 shall be as if the applicable number of EBS's (ia) of the Business were 6731,437, (ii) in the Xxxxxxxxxxx System were 1437 and (iiib) in the Southwest Michigan System were 14,42014,420 and (c) in the Vicksburg System were 673.

EBS. As of the Closing Date, either (a) the Business, --- combined --- with the EBS's of the Xxxxxxxxxxx Southwest Michigan System and the Southwest Michigan Vicksburg System, has no fewer than 16,530 EBSs or (b) Buyer has waived its right to an adjustment pursuant to SECTION 3. 2.1 except to the extent of the adjustment applicable if the number of EBS's (i) of the Business were 6731,437, (ii) in the Xxxxxxxxxxx System were 1437 and (iii) in the Southwest Michigan System were 14,42014,420 and (iii) in the Vicksburg System were 673.