Pipeline Acquisitions. (a) LandCare has delivered to ServiceMaster prior to the execution of this Agreement a schedule captioned "Pipeline Schedule" which as ----------------- constituted when so delivered to ServiceMaster prior to execution of this Agreement is herein called the "Pipeline Schedule." LandCare warrants to ServiceMaster that the Pipeline Schedule shows: (i) every enterprise with which LandCare has entered into a letter of intent or binding acquisition agreement contemplating the acquisition of such enterprise by LandCare which is in existence on the date hereof (except that the acquisition of Albuquerque Landscape identified in Section 5.6(f) shall not be deemed to be part of the Pipeline Schedule); (ii) the purchase price for such enterprise specified in such letter of intent or acquisition agreement; and (iii) the annual revenues and proforma EBITDA that LandCare estimates such enterprise generated in the trailing 12 months prior to the execution of the letter of intent with respect to that enterprise.
Pipeline Acquisitions. (a) The Company shall, and shall cause the other Group Companies to, (i) use reasonable best efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things reasonably necessary or advisable to consummate and make effective each Pipeline Acquisition substantially concurrently with the Closing in accordance with the terms of the Sentar Purchase Agreement (in the case of the Sentar Acquisition) or the RPC Tyche Purchase Agreement (in the case of the RPC Tyche Acquisition), as applicable, and the terms of this Section 5.21 (in the case of each Pipeline Purchase Agreement), including (A) satisfying on a timely basis all conditions or contingencies set forth in each Pipeline Purchase Agreement and (B) in connection with the Sentar Acquisition, negotiating, agreeing to and accepting all reasonable foreign ownership control or influence agreements, arrangements, commitments and plans (including all required implementation plans and commitment letters), with the DCSA and executing and delivering, or causing to be executed and delivered, all reasonably required documents, agreements and instruments in connection therewith (including any Company Board resolutions) and providing, or cause to be provided, all information and executing and delivering, or causing to be executed and delivered, all other reasonably required documents, agreements or instruments, in each case, reasonably required or requested by the DCSA in connection with this Agreement, the Sentar Purchase Agreement and the transactions contemplated hereby and thereby (provided, that, in addition to the covenants, agreements and obligations of the Company and its Representatives set forth in Section 5.21(b), neither the Company nor its Representatives shall agree to, accept, implement or execute any such arrangement, commitment, agreement, plan, document or instrument contemplated by this clause (B) without the prior written consent of Tailwind (such consent not to be unreasonably withheld, conditioned or delayed)), (ii) maintain in effect each of the Pipeline Purchase Agreements, (iii) comply with and enforce, as applicable, in all material respects the respective covenants, agreements, obligations and rights of the Group Companies and each other party thereto set forth in Sentar Purchase Agreement (in the case of the Sentar Acquisition) or the RPC Tyche Purchase Agreement (in the case of the RPC Tyche Acquisition), as applicable (including, for the avoidance of doubt, and e...
