Common use of Certain Acts Prohibited Clause in Contracts

Certain Acts Prohibited. Except as expressly contemplated by this Agreement or for purposes in furtherance of this Agreement, between the date of this Agreement and the Closing Date, none of BSI nor any of its subsidiaries will, without the prior written consent of Buyer: (a) amend its Articles of Incorporation, Bylaws or other documents; (b) incur any liability or obligation other than in the ordinary course of business or encumber or permit the encumbrance of any of its properties or assets except in the ordinary course of business; (c) dispose of or contract to dispose of any of its property or assets, including the Intellectual Property Assets, except in the ordinary course of business consistent with past practice; (d) issue, deliver, sell, pledge or otherwise encumber or subject to any lien any shares of BSI Common Stock, or any rights, warrants or options to acquire, any such shares, voting securities or convertible securities; (i) declare, set aside or pay any dividends on, or make any other distributions in respect of the BSI Common Stock, or (ii) split, combine or reclassify any BSI Common Stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of BSI Common Stock; or (e) not materially increase the benefits or compensation expenses of BSI and its subsidiaries, other than as contemplated by the terms of any employment agreement in existence on the date of this Agreement, increase the cash compensation of any director, executive officer or other key employee or pay any benefit or amount not required by a plan or arrangement as in effect on the date of this Agreement to any such person.

Certain Acts Prohibited. Except as expressly contemplated by this Agreement or for purposes in furtherance of this Agreement, between the date of this Agreement and the Closing Date, none of BSI KO NGA nor any of its subsidiaries will, without the prior written consent of BuyerKandi: (a) amend its Articles of Incorporation, Bylaws or other constating documents; (b) incur any liability or obligation other than in the ordinary course of business or encumber or permit the encumbrance of any of its properties or assets except in the ordinary course of business; (c) dispose of or contract to dispose of any of its property or assets, including the Intellectual Property Assets, except in the ordinary course of business consistent with past practice; (d) issue, deliver, sell, pledge or otherwise encumber or subject to any lien any shares of BSI KO NGA Common Stock, or any rights, warrants or options to acquire, any such shares, voting securities or convertible securities; (i) declare, set aside or pay any dividends on, or make any other distributions in respect of the BSI KO NGA Common Stock, or (ii) split, combine or reclassify any BSI KO NGA Common Stock or issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for shares of BSI KO NGA Common Stock; or (e) not materially increase the benefits or compensation expenses of BSI KO NGA and its subsidiaries, other than as contemplated by the terms of any employment agreement in existence on the date of this Agreement, increase the cash compensation of any director, executive officer or other key employee or pay any benefit or amount not required by a plan or arrangement as in effect on the date of this Agreement to any such person.