Materiality; Schedules. (a) As used in this Agreement, unless the context would require otherwise, the terms “material” and the concept of the “material” nature of an effect upon the Sold Companies or the Business shall be measured relative to the entire Business, taken as a whole, as such business is currently being conducted.
Appears in 3 contracts
Samples: Asset and Stock Purchase Agreement (Terex Corp), Asset and Stock Purchase Agreement (Ingersoll Rand Co LTD), Asset and Stock Purchase Agreement (Ingersoll Rand Co LTD)
Materiality; Schedules. (a) As used in this Agreement, unless the terms otherwise provide or the context would require otherwiseotherwise requires, the terms “material” and the concept of the “material” nature of an effect upon the Sold Companies or the Business shall be measured relative to the entire Business, taken as a whole, as such business is currently being conducted.
Appears in 2 contracts
Samples: Asset and Stock Purchase Agreement (Bucyrus International Inc), Asset and Stock Purchase Agreement (Terex Corp)
