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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices D. Bunge Elevators means the elevators located on the properties owned or leased by Bunge listed among the Divested Elevators.
E. CGB means CGB Enterprises Inc., a Louisiana corporation headquartered in Covington, LA, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint
companies headquartered in Colorado, their successors and assigns, their subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures and their directors, officers, managers, agents, and employees.
H. Divested Elevators means the following elevators:

Geographic area
Elevators to be divested
McGregor, IA
Albany, IL

The Bunge Elevator located at 311 E B St., McGregor, IA 52157.
The Bunge Elevator located at 1002 N Main St., Albany, IL 61230 OR the CGB Elevator located at 561 Broderick Drive, Savanna, IL 61074.
The Bunge Elevator located at 218 Market St., Shawneetown, IL 62984.
The Bunge Elevator located at 100 Ward Ave., Caruthersville, MO 63830.
The Bunge Elevator located at 7058 E County Rd. 54, Hwy. 37, Blytheville, AR 72315.
The Bunge Elevators located at 2220 E State Hwy. 198 and Mississippi River, Osceola, AR 72370 and at Mississippi County 661 S, Monroe Township, AR 72370.
The Bunge Elevator located at 103 Hanks Ln., Helena, AR 72342.
The Bunge Elevator located at 337 Port Rd., Lake Providence, LA 71254.
The Bunge Elevator located at 17783 Hwy. 418, Lettsworth, LA 70753.

Shawneetown, IL
Caruthersville, MO
Huffman, AR
Osceola, MO
Helena, AR
Lake Providence, LA
Lettsworth, LA

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ventures, and their directors, officers, managers, agents, and employees.
F. CGB Elevator means the elevator located on the property owned or leased by CGB listed among the Divested Elevators.
G. Viserion means Viserion Grain, LLC and Viserion International Holdco, LLC, Delaware limited liability
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I. Divestiture Assets means all of Defendants rights, titles, and interests in and to:
1. The Divested Elevators;
2. all contracts, contractual rights, and relationships, including customer and supplier relationships, and all other agreements, commitments, and understandings, including, supply agreements, teaming agreements, and leases, and all outstanding offers or solicitations to enter into a similar arrangement that relate exclusively to the Divested Elevators; and 3. all other property and assets, tangible and intangible, wherever located, relating to or used in connection with each Divested Elevator, including:
a. All real property and real property rights, fee simple interests; buildings, facilities, and other structures, including bins, silos, other grain storage facilities, and dock facilities; easements;
leasehold and rental rights, including all renewal or option rights; prepaid rent and security deposits; and fixtures, improvements, and assignable improvement warranties;
b. all tangible personal property;
equipment, machinery, and tools, such as those used for handling, receiving, unloading, weighing, sampling, grading, elevating, storing, drying, conditioning, loading, and buying and selling grain;
vehicles and furniture; supplies, replacement parts, and spare parts; and inventory;
c. all licenses, permits, certifications, approvals, consents, registrations, waivers, and authorizations issued or granted by any governmental organization, and all pending applications or renewals;

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d. all records and data, including a customer and supplier lists, accounts, sales, and credit records, b production, repair, maintenance, and performance records, c manuals and technical information Defendants provide to their own employees, customers, suppliers, agents, or licensees, d accounting and operating records and ledgers; e sales and marketing records, including local marketing plans and sales and advertising materials, f records and research data concerning historic and current research and development activities, and g drawings, blueprints, and designs; and e. all other intangible property, including, a technical information, b design tools and simulation capabilities, c computer software and related documentation, know-how, trade secrets, design protocols, specifications for materials, specifications for parts, specifications for devices, safety procedures e.g., for the handling of materials and substances, and quality assurance and control procedures, provided, however, that any intellectual property associated with the brand names Bunge, CGB, Zen-Noh, and ZGC
is not included in the Divestiture Assets.
J. Divestiture Date means the dates on which the Divestiture Assets are divested to Acquirers pursuant to this Final Judgment.
K. Including means including, but not limited to.
L. Relevant Personnel means: 1
All full-time, part-time, or contract employees employed at the Divested Elevators at any time between August 21, 2020, and the Divestiture Date; 2
all elevator managers, grain merchandisers, and elevator
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superintendents employed by Bunge or CGB whose job responsibilities are shared between or among Divested Elevators and any non-divested elevators, at any time between August 21, 2020, and the Divestiture Date; and 3 all regional managers employed by Bunge one organizational level above the elevator manager level, wherever located, whose job responsibilities support the grain purchasing business of any of the Bunge Elevators, at any time between August 21, 2020, and the Divestiture Date. The United States, in its sole discretion, will resolve any disagreement regarding which employees are Relevant Personnel.
M. Transaction means ZGCs proposed acquisition of 35 operating and 13 idled grain elevators from Bunge.
III. Applicability A. This Final Judgment applies to Defendants ZGC and Bunge, as defined above, and all other persons in active concert or participation with any Defendant who receive actual notice of this Final Judgment.
B. If, prior to complying with Section IV and Section V of this Final Judgment, Defendants sell or otherwise dispose of all or substantially all of their assets or of business units that include the Divestiture Assets, Defendants must require any purchaser to be bound by the provisions of this Final Judgment.
Defendants need not obtain such an agreement from an Acquirer.
IV. Divestitures A. Defendant ZGC is ordered and directed within 30 calendar days after entry of the Asset Preservation Stipulation and Order to divest the Divestiture Assets in a manner
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