Common use of Conduct of Business by Company Pending the Merger Clause in Contracts

Conduct of Business by Company Pending the Merger. The Company agrees that, between the date of this Agreement and the Effective Time, except as required, permitted or otherwise contemplated by this Agreement and except with the prior written consent of Parent, the businesses of the Company and its Subsidiaries shall be conducted in, and the Company and its Subsidiaries shall not take any action except in, the Ordinary Course; and the Company shall use its commercially reasonable efforts to preserve substantially intact the business organization of the Company and its Subsidiaries, to keep available the services of its present officers, managers and employees and to preserve the current relationships of the Company and its Subsidiaries with customers, suppliers and other persons with which the Company or any of its Subsidiaries has significant business relations. Neither the Company nor any of its Subsidiaries shall, between the date of this Agreement and the Effective Time, do any of the following without the prior written consent of Parent, provided, however, that consent of the Parent shall be deemed to have been given if Parent does not object within five (5) Business Days from the date on which written notice is received by Parent:

Conduct of Business by Company Pending the Merger. The Company agrees that, between the date of this Agreement and the Effective Time, except as required, permitted or otherwise contemplated by this Agreement or as set forth in Section 6.01 of the Disclosure Schedule and except with the prior written consent of Parent, the businesses of the Company and its the Subsidiaries shall be conducted in, and the Company and its the Subsidiaries shall not take any action except in, the Ordinary Course; and the Company shall use its commercially reasonable efforts to preserve substantially intact the business organization of the Company and its the Subsidiaries, to keep available the services of its present officers, managers and employees and to preserve the current relationships of the Company and its the Subsidiaries with customers, suppliers and other persons with which the Company or any of its Subsidiaries Subsidiary has significant business relations. Neither Except as required, permitted or otherwise contemplated by this Agreement or as set forth in Section 6.01 of the Disclosure Schedule, neither the Company nor any of its Subsidiaries Subsidiary shall, between the date of this Agreement and the Effective Time, do any of the following without the prior written consent of Parent, provided, however, that consent of the Parent shall be deemed to have been given if Parent does not object within five (5) Business Days business days from the date on which written notice is received by Parent:

Conduct of Business by Company Pending the Merger. The Company agrees that, between the date of this Agreement and the Effective Time, except as required, permitted or otherwise contemplated by this Agreement or as set forth in Section 6.01 of the Disclosure Schedule and except with the prior written consent of Parent, the businesses of the Company and its the Subsidiaries shall be conducted in, and the Company and its the Subsidiaries shall not take any action except in, the Ordinary Courseordinary course of business consistent with past practice; and the Company shall use its commercially reasonable efforts to preserve (i) substantially intact the business organization of the Company and its the Subsidiaries, to keep available the services of its present officers, managers and employees and to preserve the current relationships of the Company and its the Subsidiaries with customers, suppliers lessees and other persons with which the Company or any of its Subsidiaries Subsidiary has significant business relations, and (ii) the Company’s status as a REIT within the meaning of the Code. Neither Except as required, permitted or otherwise contemplated by this Agreement or as set forth in Section 6.01 of the Disclosure Schedule, neither the Company nor any of its Subsidiaries Subsidiary shall, between the date of this Agreement and the Effective Time, do any of the following without the prior written consent of Parent, provided, however, that consent of the Parent shall be deemed to have been given if Parent does not object within five (5) Business Days business days from the date on which written notice is received by Parentprovided to Xxxx Xxxxxxxxxx and Xxxx Xxxxxx, each at the respective address listed on Exhibit J: