Conduct of the Business of the Company Pending the Closing Date. The Company agrees that, except as permitted, required or specifically contemplated by, or otherwise described in, this Agreement or otherwise consented to or approved in writing by Parent (which consent or approval shall not be unreasonably withheld or delayed), during the period commencing on the date hereof until the Effective Time:
Conduct of the Business of the Company Pending the Closing Date. Except as set forth in the corresponding subsections of Section 5.2(b) of the Company Disclosure Letter, the Company agrees that, except as expressly permitted or required by this Agreement or with the prior written consent of Parent, during the period commencing on the date hereof and ending at the earlier of (x) the Effective Time and (y) termination of this Agreement pursuant to Section 7.1:
Conduct of the Business of the Company Pending the Closing Date. The Company agrees that, except as permitted, required or specifically contemplated by, or otherwise described in, this Agreement or Schedule 5.2 or otherwise consented to or approved in writing by EMKT (which consent shall not be unreasonably withheld, delayed or conditioned), during the period commencing on the date hereof and ending on the Closing Date:
Conduct of the Business of the Company Pending the Closing Date. Except as specifically contemplated by this Agreement or as otherwise consented to or approved in writing by Parent, until the earlier of (i) the date upon which Parent’s designees constitute a majority of the Board of Directors (or Parent has failed to designate at least 4 individuals pursuant to Section 1.3), (ii) the termination of this Agreement, or (iii) the Effective Time:
Conduct of the Business of the Company Pending the Closing Date. (a) The Company agrees that during the period commencing on the date hereof and ending on the Expiration Date, the Company shall, and shall cause each of its Subsidiaries to, conduct its respective operations only in the ordinary course of business consistent with past practice and to use their commercially reasonable efforts to preserve intact their respective business organizations, keep available the services of their Employees and maintain satisfactory relationships with licensors, suppliers, distributors, clients and others having business relationships with them.
Conduct of the Business of the Company Pending the Closing Date. The Company agrees that, except as permitted, required or specifically contemplated by, or otherwise described in, this Agreement, as set forth on Schedule 6.3 of the Company's Disclosure Letter or otherwise consented to or approved in writing by Parent, during the period commencing on the date hereof until such time as nominees of Parent shall comprise more than half of the members of the Board of Directors of the Company or this Agreement shall have been terminated pursuant to Section 9.1 hereof:
Conduct of the Business of the Company Pending the Closing Date. (a) Sellers shall cause the Company not to take any actions outside the ordinary course of business that would affect Closing Cash, Closing Indebtedness or Closing Working Capital from the respective amounts thereof as of 11:59 P.M. on the Business Day immediately prior to the Closing Date to the time of the Closing.
Conduct of the Business of the Company Pending the Closing Date. Except as otherwise expressly permitted by this Merger Agreement, between the date hereof and the Closing Date, the Company shall not, without the prior consent of Veeco, take any affirmative action, or fail to take any reasonable action within its control, as a result of which any of the changes or events listed in Section 3.13 is reasonably likely to occur.
Conduct of the Business of the Company Pending the Closing Date. (a) Sellers and the Company agree that, except as (i) set forth in Section 6.3(a) of the Sellers Disclosure Letter, (ii) may be required by or as otherwise set forth in this Agreement, or (iii) required by Law, by a Governmental Entity, or by any Contract to which the Company or any of the Company Subsidiaries is a party, during the period commencing on the date hereof and ending on the earlier of (A) the Closing and (B) the termination of this Agreement pursuant to Section 8.1 the Company shall and shall cause each of the Company Subsidiaries to conduct their respective operations in all material respects only in the Ordinary Course of Business consistent with past practice; and
Conduct of the Business of the Company Pending the Closing Date. During the period commencing on the date hereof and ending at the earlier of (x) the Closing Date and (y) the termination of this Agreement pursuant to Section 9.1, except as expressly required under this Agreement or as otherwise set forth in Section 6.3 of the Company Disclosure Letter, the Company shall, and the Seller shall cause the Company to (a) conduct its business in the ordinary course consistent with past practice, and (b) use its commercially reasonable efforts to preserve intact its business organizations and relationships with third parties, including its customers, suppliers and others having business dealings with them, and to keep available the services of their present officers and significant employees (provided that this clause (b) shall not oblige the Company to make any out-of-pocket payments to such third parties, customers, suppliers, officers or significant employees). Without limiting the generality of the foregoing, except (A) as expressly required under this Agreement, (B) as required by applicable Laws or any Governmental Entity or (C) as otherwise set forth in Section 6.3 of the Company Disclosure Letter or required under Contracts which are in existence on the date hereof, from the date hereof until the earlier of (x) the Closing Date and (y) the termination of this Agreement pursuant to Section 9.1, the Company shall not, and the Seller shall cause the Company not to, take any of the following actions without the prior written consent of the Purchaser (which consent shall not be unreasonably withheld, conditioned or delayed):
