definiens: means the services provided or facilities supported in the historical operations of the UBESBusiness and the UBEI Business ( or with respect to any Contracts entered into prior to the Effective Date, whether ornot then effective ) insofar as such operations relate solely to the41 EXECUTION COPYthird parties and their respective third - party facilities ( plants ) under written Contract with UBES or UBEI, as applicable, as of the Effective Time, as such Contracts are solely determined by reference to Seller ’s Schedules to thisAgreement, as such historical operations are further identified on Schedule 10 . For the avoidance of doubt:(i ) historical operations, ( A ) of the UBES Business consists solely of group buying, plant and risk management, andgrain procurement, and ( B ) of the UBEI Business consists solely of cotton seed, distillers grains and co - productmarketing, and ( ii ) the Blue Ford Operations specifically exclude : ( A ) any expansion of the Business, including by wayof any increase in services provided to any third party or additional third party facilities supported by UBES or UBEI tothe extent same are not being provided or supported as of the Effective Time, unless such facilities are underContract as of the Effective Time with respect to future services, to the extent such Contract is identified on Seller’sSchedules to this Agreement, and ( B ) the Ineligible Receivables Earn Out