Common use of Acquisitions and Divestitures Clause in Contracts

Acquisitions and Divestitures. Operating results, acquisition and divestiture expenses (including any applicable break up fees), acquisition debt, if any, and any gains or losses relating to or resulting from (i) an acquisition by the Company of stock (or other equity interest) or substantially all of the assets of a corporation, partnership, limited liability company or other entity for a purchase price in excess of $40 million; and (ii) a divestiture of an Operating Company or operating division of the Company (including a sale of all or substantially all of the assets thereof) for a sale price in excess of $40 million shall be excluded from the determination of Executive’s bonus under this Agreement.