Examples of Acquired Facility in a sentence
If, pursuant to Section 3.3(a), Midstream is to acquire from Producer an Acquired Facility, such acquisition shall be made at the same price at which the Acquired Facility was acquired by Producer, including the assumption of any liabilities with respect thereto assumed by Producer.
A Member or its Affiliate may acquire from a third party not an Affiliate of such Member any production-facility capacity within North America that at the time of the closing of such acquisition is producing any Designated Product being (a) sold in North America if the production facility is located in the United States or (b) sold in the United States if the production facility is located outside the United States (the "Acquired Facility").
The Permitted Liens would not reasonably be expected to have a Material Adverse Effect on the Acquired Business or to adversely affect in any material respect the manner or extent of the current use, operation or occupancy of any material Acquired Facility.
Neither Seller, nor an Affiliate owns any other machinery, fixtures, furniture, equipment, materials, parts, supplies, tools or other tangible property that are used exclusively in the Business except to the extent such items are located at either (i) an Acquired Facility; (ii) any customer location associated with a Covered Account; (iii) on any vehicle listed on Schedule 1.1(h) hereof or on any Leased Vehicle; (iv) on a Processor's Premises; or (v) in any third party repair shop.
Notwithstanding the foregoing, Seller shall have no liability under this Section 6.12 to indemnify a Purchaser Indemnified Party for any Section 6.12 Losses related to an Acquired Facility until the aggregate costs for such Section 6.12 Losses related to such Acquired Facility exceed $5,000.