NSO Business definition
Examples of NSO Business in a sentence
Seller has provided to Buyer an accurate and complete list prepared by the management of the DSD Business identifying those customers who, during the period from July 1, 2007 to June 28, 2008, either ceased to do business with the DSD Business and transferred their sales of coffee, tea and related products to Seller’s NSO Business, or ceased to do business with the NSO Business and transferred their sales of coffee, tea and related products to Seller’s DSD Business (collectively “Prior Customers”).
Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any certificate for any security of the Company and, in the case of loss, theft or destruction, upon delivery of an undertaking by the holder thereof to indemnify the Company or, in the case of mutilation, upon surrender and cancellation thereof, the Company will issue a new certificate for an equivalent number of shares or another security of like tenor, as the case may be.
During the period from June 29, 2008, to the Closing Date, the net loss of gross margin to the DSD Business due to the transfer of business by Prior Customers from the NSO Business to the DSD Business and from the DSD Business to the NSO Business shall not exceed the amount determined by prorating $2.5 million based on the number of days from and including June 29, 2008 through and including the Closing Date divided by 365 days.
The term “Authorized Information” means the customer lists, pricing, preferences and purchase patterns of Seller’s NSO Business.
On November 24th, 25th, and 26th, 2008, Seller asked each of the individuals listed on Schedule 4.26 whether, since August 20, 2008, such individuals took any action intended to induce conversion of (a) exclusive DSD Customers to Shared Customers or customers of the NSO Business, or (b) Shared Customers to customers solely of Seller’s NSO Business.
During the period from the date of this Agreement until the Closing, neither Buyer nor any of its Representatives shall take any action to influence or induce Seller’s employees to encourage Shared Customers to shift their purchases of coffee, tea and related products from non-DSD sources (such as Seller’s NSO Business) to purchases from the DSD Business.
Notwithstanding the foregoing, nothing shall prohibit either party from competing with the other for sales to such Shared Customers, it being understood that Buyer shall have the right to seek to preserve and increase DSD Business sales to each such Shared Customer and Seller shall have the right to preserve and increase NSO Business sales to each such Shared Customer.