Common use of Certain Actions Clause in Contracts

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates or representatives (collectively, “HBI Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI or any of the HBI Subsidiaries or afford access to the business, properties, assets, books or records of HBI or any of the HBI Subsidiaries, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI MBI will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates or representatives (collectively, “HBI MBI Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal Proposal, as defined in Section 6.11(e)(i), or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI MBI or any of the HBI MBI Subsidiaries or afford access to the business, properties, assets, books or records of HBI MBI or any of the HBI MBI Subsidiaries, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(h), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI ANNB will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates affiliates or representatives (collectively, “HBI ANNB Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal Proposal, as defined in Section 6.11(e)(i), or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI ANNB or any of the HBI ANNB Subsidiaries or afford access to the business, properties, assets, books or records of HBI ANNB or any of the HBI ANNB Subsidiaries, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI CBI will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates affiliates or representatives (collectively, “HBI CBI Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal Proposal, as defined in Section 6.11(e)(i), or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI CBI or any of the HBI its Subsidiaries or afford access to the business, properties, assets, books or records of HBI CBI or any of the HBI Subsidiariesits Subsidiaries to, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI PVFC will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates affiliates or representatives (collectively, “HBI PVFC Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal Proposal, as defined in Section 6.11(e)(i), or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI PVFC or any of the HBI PVFC Subsidiaries or afford access to the business, properties, assets, books or records of HBI PVFC or any of the HBI PVFC Subsidiaries, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.114.4, HBI will Integrity shall not, and will shall not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates affiliates or representatives (collectively, “HBI Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal (as defined below) or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into into, continue or otherwise participate in any discussions or negotiations with, furnish any information relating to HBI Integrity or any of the HBI Subsidiaries its subsidiaries or afford access to the business, properties, assets, books or records of HBI Integrity or any of the HBI Subsidiariesits subsidiaries to, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.2(b)(vi), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.116.08, HBI NSD will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates or representatives (collectively, “HBI "Representatives”") to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal (as defined below) or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI NSD or any of the HBI its Subsidiaries or afford access to the business, properties, assets, books or records of HBI NSD or any of the HBI Subsidiariesits Subsidiaries to, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.01(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI YDKN will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates or representatives (collectively, “HBI YDKN Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI YDKN or any of the HBI YDKN Subsidiaries or afford access to the business, properties, assets, books or records of HBI YDKN or any of the HBI YDKN Subsidiaries, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(i), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI IRGB will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates affiliates or representatives (collectively, “HBI IRGB Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal (as defined in Section 6.11(e)(i)) or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI IRGB or any of the HBI its Subsidiaries or afford access to the business, properties, assets, books or records of HBI IRGB or any of the HBI Subsidiariesits Subsidiaries to, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.118.10, HBI UNNF will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates or representatives (collectively, “HBI UNNF Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal as defined in Section 8.10(e)(i) or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI UNNF or any of the HBI Subsidiaries UNNF Subsidiary or afford access to the business, properties, assets, books or records of HBI UNNF or any of the HBI SubsidiariesUNNF Subsidiary to, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f10.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI OBA will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates affiliates or representatives (collectively, “HBI OBA Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal Proposal, as defined in Section 6.11(e)(i), or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI OBA or any of the HBI OBA Subsidiaries or afford access to the business, properties, assets, books or records of HBI OBA or any of the HBI OBA Subsidiaries, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI UBNC will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates or representatives (collectively, “HBI UBNC Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI UBNC or any of the HBI UBNC Subsidiaries or afford access to the business, properties, assets, books or records of HBI UBNC or any of the HBI UBNC Subsidiaries, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.11, HBI PFC will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates affiliates or representatives (collectively, “HBI PFC Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal Proposal, as defined in Section 6.11(e)(i), or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI PFC or any of the HBI PFC Subsidiaries or afford access to the business, properties, assets, books or records of HBI PFC or any of the HBI PFC Subsidiaries, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.118.10, HBI UNNF will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates or representatives (collectively, “HBI "UNNF Representatives”") to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal as defined in Section 8.10(e)(i) or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI UNNF or any of the HBI Subsidiaries UNNF Subsidiary or afford access to the business, properties, assets, books or records of HBI UNNF or any of the HBI SubsidiariesUNNF Subsidiary to, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f10.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.

Certain Actions. (a) From the date of this Agreement through the Effective Time, except as otherwise permitted by this Section 6.116.13, HBI Omega will not, and will not authorize or permit any of its directors, officers, agents, employees, investment bankers, attorneys, accountants, advisors, agents, Affiliates or representatives (collectively, “HBI Omega Representatives”) to, directly or indirectly, (i) initiate, solicit, knowingly encourage or take any action to facilitate, including by way of furnishing information, any Acquisition Proposal (as defined in Section 6.13(e)(i)) or any inquiries with respect to or the making of any Acquisition Proposal, (ii) enter into or participate in any discussions or negotiations with, furnish any information relating to HBI Omega or any of the HBI its Subsidiaries or afford access to the business, properties, assets, books or records of HBI Omega or any of the HBI Subsidiariesits Subsidiaries to, to otherwise cooperate in any way with, or knowingly assist, participate in, facilitate or encourage any effort by any Third Party third party that is seeking to make, or has made, an Acquisition Proposal or (iii) except in accordance with Section 8.1(f8.1(g), approve, endorse or recommend or enter into any letter of intent or similar document or any contract, agreement or commitment contemplating or otherwise relating to an Acquisition Proposal.