Common use of Conduct of the Company Clause in Contracts

Conduct of the Company. From the date hereof until the Effective Time, the Company and the Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the Subsidiaries shall conduct their business in the ordinary course consistent with past practice and in compliance with all applicable laws and regulations and shall use their best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From Except as expressly contemplated by this Agreement, from the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and key employees. Without Except as otherwise approved in writing by Parent or as expressly contemplated by this Agreement, and without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business and affairs in the ordinary course consistent with past practice and shall use their reasonable best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employeesparties. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:, except as set forth in Schedule 7.01 (including an identification by section reference to the covenants to which such exceptions relate):

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their reasonable best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of Notwithstanding the foregoing, except with the prior written consent of Parent or as contemplated by this Agreement or as set forth in the Company Disclosure Schedule, from the date hereof until the Effective TimeTime the Company shall not, and shall not permit any of its Subsidiaries to:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the Subsidiaries its subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best commercially reasonable efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:and

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice practices and shall use their reasonable best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employeesemployees (except as agreed by Parent in writing). Without limiting the generality of the foregoingforegoing (except as agreed by Parent in writing), from the date hereof until the Effective Time:

Conduct of the Company. From Except as expressly permitted by this Agreement, from the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their reasonable best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best commercially reasonable efforts to preserve intact their respective business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:, the Company shall not (and shall cause its Subsidiaries not to) without the prior written consent of Gateway (which consent shall not be unreasonably withheld or delayed):

Conduct of the Company. From the date hereof until the Effective TimeClosing Date, the Company and the its Subsidiaries shall conduct their business in the ordinary course course, consistent with past practice practices, and shall use their best commercially reasonable efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers officers, employees, and employeesbusiness associates. Without limiting the generality of the foregoing, from other than in the date hereof until ordinary course of business, consistent with past practices, or as set forth on Section 6.6 of the Effective Time:Disclosure Schedule, as specifically contemplated by this

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their reasonable best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employeesparties. Without limiting the generality of the foregoing, except with the prior written consent of Acquiror or as contemplated by this Agreement, and, in the case of clauses (g), (i), (j) and (l) below, except in the ordinary course of business not representing a new strategic direction of the Company, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best commercially reasonable efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, except with the prior written consent of Parent or as expressly contemplated by this Agreement, from the date hereof until the Effective Time:

Conduct of the Company. From Except as set forth on Schedule 6.01, from the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective TimeTime without the written consent of Parent:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the Company Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best commercially-reasonable efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best commercially reasonable efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective TimeControl Date, the Company and the Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their reasonable best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective TimeControl Date and unless consented to in writing by Parent, the Company will not and will cause its Subsidiaries not to:

Conduct of the Company. From Except as otherwise contemplated by this Agreement, from the date hereof until the Effective Time, the Company and the Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the its Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best commercially reasonable efforts to preserve intact their business organizations and relationships with third parties parties, to comply in all material respects with all Applicable Laws and the requirements of all contracts material to the Company and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time, the Company shall not, and shall not permit any of its Subsidiaries to:

Conduct of the Company. From the date hereof until the Effective Time, the Company and the Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their reasonable best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective TimeTime the Company will not, and will cause its Subsidiaries not to:

Conduct of the Company. From the date hereof until the ---------------------- Effective Time, the Company and the Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time:

Conduct of the Company. From the date hereof until the Effective Time, except as set forth on Schedule 6.01 attached hereto, the Company and the Subsidiaries shall conduct their business in the ordinary course consistent with past practice and shall use their best reasonable efforts to preserve intact their business organizations and relationships with third parties and to keep available the services of their present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Effective Time: