Acquired Competing Business definition

Acquired Competing Business has the meaning given in Clause 14.4(b);

Acquired Competing Business means any Competing Business acquired by WestRock or any of its Subsidiaries in compliance with clause (i) or (ii) of the first proviso of Section 4.19(a).

Acquired Competing Business shall have the meaning set forth in Section 8.22(b)(i) hereof.

Examples of Acquired Competing Business in a sentence

• If Issuer elects to purchase such Acquired Competing Business, Issuer shall be obligated to acquire it at a cash free, debt free price determined by an independent valuation firm mutually selected in good faith by Transferor and Issuer.

• If at the end of the Acceptance Period Issuer has not delivered an Acceptance Notice, Transferor may, during the 270 days immediately following the Acceptance Period, sell the Acquired Competing Business that is the subject of the Proposed Sale to a transferee for consideration having a value of not less than 100% of the Proposed Sale Price and on other terms not materially less favorable in the aggregate to Transferor than those contained in the Proposed Sale Notice.

• If Issuer does not elect to purchase such Acquired Competing Business, Transferor may continue to own or operate it notwithstanding any other provisions of this Agreement.

• Notwithstanding the foregoing, none of Transferor, the Acquired Competing Business or their respective Subsidiaries, as applicable, shall be required to provide any information to the extent that such information or such access thereto would constitute a waiver of the attorney-client privilege or violate any law or Contract.

• Issuer will hold, and will cause its respective Subsidiaries to hold, and will direct its and their Representatives to hold, any and all information received from Transferor or the Acquired Competing Business, directly or indirectly, in confidence.

• If Transferor is unable to sell the Acquired Competing Business that is the subject of the Proposed Sale during such 270 days in accordance with the terms set forth in this Section 1(b), then Transferor shall again offer to sell such Acquired Competing Business to Issuer.

• Such notice by Transferor to Issuer (the “Proposed Sale Notice”) shall state Transferor’s intention to sell all of the Acquired Competing Business within 12 months of its acquisition (the “Proposed Sale”), the price on a cash free, debt free basis that Transferor proposes to be paid for such Acquired Competing Business (the “Proposed Sale Price”), and the other material terms of the Proposed Sale.

• Notwithstanding the foregoing, none of IP, the Acquired Competing Business or their respective Subsidiaries, as applicable, shall be required to provide any information to the extent that such information or to the extent that such access would constitute a waiver of the attorney-client privilege or violate any law or Contract.

• During the Mandatory Sale Period, the provisions of Section 5.09 shall apply to the Seller and its Affiliates with respect to the Acquired Competing Business mutatis mutandis, with the “Exclusivity Period” deemed to be the Mandatory Sale Period.

• If at the end of the 90-day period the Surviving Corporation has not delivered an Acceptance Notice, IP may, during the 270 days immediately following such 90-day period, sell the Acquired Competing Business that is the subject of the Proposed Sale to a transferee for consideration having a value of not less than 100% of the Proposed Sale Price and on other terms not materially less favorable in the aggregate to IP than those contained in the Proposed Sale Notice.

More Definitions of Acquired Competing Business

Acquired Competing Business means any Competing Business acquired by WestRock or any of its Subsidiaries in compliance with clause (i) or (ii) of the first proviso of Section 4.19(a) .

Acquired Competing Business has the meaning set forth in Section 8.17.3(c)(v).

Acquired Competing Business has the meaning given in Clause 18.2(b) (Protective Covenants Post-Closing);

Acquired Competing Business has the meaning given in Clause 21.7(d); Acquirer has the meaning given in Clause 21.7(e);

Acquired Competing Business has the meaning provided such term in Section 6.12(b).

Acquired Competing Business has the meaning set out in Section Error! Reference source not found.;