26 - 28 7A Sample Clauses

26 - 28 7A. Implementing Agreement. Subject to the terms and conditions hereof, each party hereto shall use its best efforts to take all action required of it to fulfill its obligations under the terms of this Agreement and to facilitate the consummation of the transactions contemplated hereby. 7B. HSR Act Filings. Each of the Company, Pathnet and Colonial shall use reasonable efforts to prepare and, as soon as practicable after the Agreement Date, file with the Federal Trade Commission and the Antitrust Division of the Department of Justice any materials and information required to be filed with or provided pursuant to the HSR Act with respect to the transactions contemplated by this Agreement. Each of the Company, Pathnet and Colonial shall promptly supply any additional information which may be required or requested of it in connection with the HSR Act filings. 7C. FCC Filings. Each of the Company and Pathnet shall use reasonable best efforts to prepare and, as soon as practicable after the Agreement Date, file with the Federal Communications Commission any applications necessary to obtain the FCC Consents. 7D. Access to Information. At all times before the Initial Closing Date, each of the Company and Pathnet shall provide Colonial and its employees, managers, contractors, consultants, agents and representatives, with reasonable access to those properties, files, books, records and other materials relating to the Company and the Subsidiaries and their business and the right to examine and inspect such materials as Colonial may deem appropriate (and make copies of the same), subject to the terms of the existing Non-Disclosure Agreement between the Company and Colonial. 7E. Preservation of Business. From the Agreement Date until the Initial Closing Date, the Company and Pathnet shall cause the Company and the Subsidiaries to be operated only in the ordinary and usual course of business and consistent with past practice, shall preserve intact assets of the Company and the Subsidiaries, preserve the good will and advantageous relationships of the Company and the Subsidiaries with customers, suppliers, independent contractors, employees and other Persons material to the operations of its business, shall perform its material obligations under all contracts and shall not permit any action or omission which would cause any of the representations or warranties of the Company or Pathnet contained herein to become inaccurate or any of the covenants of the Company or Pathnet ...