Lumentum Business definition

Lumentum Business means the communications and commercial optical products business of JDSU, including (a) the businesses and operations conducted prior to the Distribution Effective Time by Lumentum, but excluding those businesses set forth on SCHEDULE 1.1(28) of the CONTRIBUTION AGREEMENT, and (b) any other businesses or operations conducted primarily through the use of Lumentum Assets.
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Lumentum Business shall have the meaning set forth in the CONTRIBUTION AGREEMENT.
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Examples of Lumentum Business in a sentence

  • However, any such payments associated with those JDSU Group Employees engaged in the Lumentum Business or otherwise anticipated by the parties to transfer to the Lumentum Group in connection with the Distribution shall be treated as a Corporate Contingent Liability as defined in the CONTRIBUTION AGREEMENT and shall be subject to the treatment of Corporate Contingent Liabilities as set out in the CONTRIBUTION AGREEMENT.

  • JDSU acknowledges and agrees that, subsequent to the Distribution Date, the JDSU Group may no longer use decryption algorithms or other access methods that were previously provided by the Lumentum Business to internal JDSU users to enable those internal JDSU users to use locked or encrypted copies of Lumentum Commercial Software, except to the extent necessary to continue using those copies rightfully in use before the Distribution Date.

  • With respect to those employees engaged in the Lumentum Business, over the past three years each of Issuer and JDSU has not violated in any material respect any laws, regulations, orders or contract terms, affecting the collective bargaining rights of employees, labor organizations or any laws, regulations or orders affecting employment discrimination, equal opportunity employment, or employees’ health, safety, welfare, wages and hours.

  • To Issuer’s Knowledge, there are no material claims pending involving employees engaged in the Lumentum Business before the Equal Employment Opportunity Commission or any other administrative body or in any court asserting any violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1967, 42 U.S.C. §§ 1981 or 1983 or any other federal, state or local Law, statute or ordinance barring discrimination in employment.

  • As of the Closing Date, there will be no material assets or properties that are used in or necessary for the conduct of the Lumentum Business as currently conducted that are owned, leased or otherwise held by JDSU or any of its Affiliates, other than services and assets that will be made available to Issuer under an arrangement filed as an exhibit to the Registration Statement.

  • There has not been, and to Issuer’s Knowledge, there is not pending or contemplated, any investigation by the SEC involving Issuer, any current or former director or officer of Issuer or JDSU (in relation to its conduct of the Lumentum Business).

  • Except as set forth on Schedule 4.8, there are no (i) outstanding tax sharing agreements, tax indemnity agreements or other such arrangements between the Issuer or other corporation or entity, or (ii) tax payments arising from the conduct of the Lumentum Business prior to the Closing Date that would be entitled to receive the priority payment protection under Section 3(b) of the Certificate of Designations.