Common use of Notwithstanding Sections 9 Clause in Contracts

Notwithstanding Sections 9. 4.1 and 9.4.2, unless the Board agrees otherwise by Majority Consent, any JV Truck manufactured or assembled by Navistar or the Company on or prior to December 31, 2010 and containing an automatic transmission shall be manufactured or assembled to include exclusively automatic transmissions manufactured or assembled by Xxxxxxx Transmission, Inc. Navistar shall not, without the Majority Consent of the Board, amend or renew its purchase agreement with Xxxxxxx Transmission, Inc. in any manner that would restrict any activities of the Company.

Notwithstanding Sections 9. 4.1 and 9.4.2, unless the Board agrees otherwise by Majority Consent, any JV Truck manufactured or assembled by Navistar or the Company on or prior to December 31, 2010 and containing an automatic transmission shall be manufactured or assembled to include exclusively automatic transmissions manufactured or assembled by Xxxxxxx TransmissionAlxxxxx Xransmission, Inc. Navistar shall not, without the Majority Consent of the Board, amend or renew its purchase agreement with Xxxxxxx TransmissionAlxxxxx Xransmission, Inc. in any manner that would restrict any activities of the Company.

Notwithstanding Sections 9. 4.1 and 9.4.2, unless the Board agrees otherwise by Majority Consent, any JV Truck manufactured or assembled by Navistar or the Company on or prior to December 31, 2010 and containing an automatic transmission shall be manufactured or assembled to include exclusively automatic transmissions manufactured or assembled by Xxxxxxx Axxxxxx Transmission, Inc. Navistar shall not, without the Majority Consent of the Board, amend or renew its purchase agreement with Xxxxxxx Axxxxxx Transmission, Inc. in any manner that would restrict any activities of the Company.