Common use of Not a Sale of Business Clause in Contracts

Not a Sale of Business. This transaction constitutes the sale of assets by Seller and not the sale of a business; provided, however, that anything contained in this Agreement to the contrary notwithstanding, it is the intent of the parties that UCI of SC purchase and acquire and Seller sell and transfer the complete operating process of the Business and all properties and interest necessary to operate the Business substantially as it is presently being operated.

Not a Sale of Business. This transaction constitutes the sale of assets by each Seller and not the sale of a business; provided, however, that anything contained in this Agreement to the contrary notwithstanding, it is the intent of the parties that UCI of SC purchase and acquire and each Seller sell and transfer the complete operating process of the Progressive Business and Bar-Ed Business, respectively, and all properties and interest necessary to operate the Progressive Business and Bar-Ed Business substantially as it each is presently being operated, exception only the Progressive Excluded Assets and Bar-Ed Excluded Assets.