Test Batch definition
Examples of Test Batch in a sentence
In addition, Opus may disclose certain information from the Opus Report and Test Batch for “Materially Profitable Stores,” which shall mean Stores that generated EBITDA in 2011 at or above $100,000.
Until the Disclosure Date, Ascena agrees that it will not seek any information from Opus that this Addendum restricts Opus from providing to Ascena, including without limitation the EBITDA for any individual Store in the Test Batch or the name of any landlord for a particular Store or the name or location of any Store, except to the extent such disclosure is permitted herein.
Opus shall be entitled to duplicate such portion of any Lease in the Test Batch as is necessary to identify such Lease (e.g., the cover sheet or first page) and portions of the Lease file relevant to the subject matter of the Limited Due Diligence (“Copies”).
If Opus is unable to locate any Lease files identified as part of the Test Batch, Charming Shoppes shall assist Opus in locating any such Lease files.
For purposes of this agreement, “Limited Due Diligence” shall mean inquiry into (a) whether and under what circumstances a Consent of the landlord under any Lease in the Test Batch is required in connection with or as a result of the Transaction, and (b) the expiration date of such Lease.