CONDUCT OF HCC Sample Clauses

CONDUCT OF HCC. From the date hereof until the occurrence of the earlier of (i) the Effective Time or (ii) the termination of this Agreement pursuant to Section 8.1 hereof, HCC agrees that, except as otherwise permitted with the written consent of the Shareholder, which consent shall not be unreasonably withheld, HCC shall in all material respects conduct its business in the ordinary course PROVIDED, HOWEVER, THAT nothing in this Agreement shall be construed to prohibit or otherwise restrain HCC in any manner from acquiring other businesses or substantially all of the assets thereof. Without limiting the generality of the foregoing, from the date hereof until the Effective Time, except as contemplated hereby or previously disclosed by HCC to the Shareholder in writing: (a) HCC will not adopt or propose any change in its Certificate of Incorporation or Bylaws; (b) HCC will not take any action that would result in a failure to maintain the trading of HCC Common Stock on the NYSE; and (c) HCC will not agree or commit to do any of the foregoing.