Common use of Separation and Distribution Clause in Contracts

Separation and Distribution. The transactions contemplated by the Distribution Agreement shall have been consummated in accordance with and subject to the terms of this Agreement and the Distribution Agreement, and the Tax Matters Agreement, the Transition Services Agreement, the Cross-Supply Agreement, and the Intellectual Property Matters Agreement each shall have been executed and delivered by the parties (other than Athena or Merger Sub) thereto.

Separation and Distribution. The transactions contemplated by the Distribution Agreement shall have been consummated in accordance with and subject to the terms of this Agreement and the Distribution Agreement, and the Tax Matters Agreement, the Transition Services Agreement, the Cross-Supply Agreement, Agreement and the Intellectual Property Matters Agreement each shall have been executed and delivered by the parties (other than Athena or Merger SubEverest, Newco and the other Newco Companies) thereto.

Separation and Distribution. The transactions contemplated by the Distribution Agreement shall have been consummated in accordance with and subject to the terms of this Agreement and the Distribution Agreement, and the Distribution Agreement, the Tax Matters Agreement, the Transition Services Agreement, the Cross-Supply Employee Matters Agreement, the Trademark License Agreement, the IP License Agreement, the DBS License Agreement and the Intellectual Property Matters Lease Agreement each shall have been executed and delivered by the parties (other than Athena or Merger SubXxxxxxx, Newco and the other Communications Companies) thereto.

Separation and Distribution. The transactions contemplated by the Distribution Agreement shall have been consummated in accordance with and subject to the terms of this Agreement and the Distribution Agreement, and the Distribution Agreement, the Tax Matters Agreement, the Transition Services Agreement, the Cross-Supply Employee Matters Agreement, the Trademark License Agreement, the IP License Agreement, the DBS License Agreement, the Lease Agreement and the Intellectual Property Matters IP License Agreement each shall have been executed and delivered by the parties (other than Athena NetScout or Merger SubSubs) thereto.

Separation and Distribution. The transactions contemplated by the Distribution Agreement shall have been consummated in accordance with and subject to the terms of this Agreement and the Distribution Agreement, and the Tax Table of Contents Matters Agreement, the Transition Services Agreement, the Cross-Supply Agreement, Employee Matters Agreement and the Intellectual Property Matters IP License Agreement each shall have been executed and delivered by the parties (other than Athena or Merger SubFox, Newco and the other A&S Companies) thereto.

Separation and Distribution. The transactions contemplated by the Distribution Agreement shall have been consummated in accordance with and subject to the terms of this Agreement and the Distribution Agreement, and the Tax Matters Agreement, the Transition Services Agreement, the Cross-Supply Agreement, Employee Matters Agreement and the Intellectual Property Matters IP License Agreement each shall have been executed and delivered by the parties (other than Athena Ainge or Merger Sub) thereto.