Common use of EBS Clause in Contracts

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