Common use of Conduct of WhiteWave Business between Contribution Closing and the IPO Settlement Date Clause in Contracts

Conduct of WhiteWave Business between Contribution Closing and the IPO Settlement Date. From the Contribution Closing through the IPO Settlement Date, WhiteWave shall (and WhiteWave shall cause each other WhiteWave Group Member to) conduct its operations in the Ordinary Course of Business. Without limiting the generality of the foregoing, prior to the IPO Settlement Date, WhiteWave shall not (and WhiteWave shall cause each other WhiteWave Group Member not to), without the written consent of Xxxx Foods, take any action outside the Ordinary Course of Business, including: (a) except with the express prior written consent of Xxxx Foods, the incurrence of any capital expenditures; (b) the acquisition of any business, by means of merger, consolidation or otherwise; (c) any action intended to result in the acceleration of payment of any account payable or delay in the creation or collection of any account receivable; or (d) any loans, advances or capital contributions to, or investments in, any other Person (other than any WhiteWave Group Member).

Appears in 4 contracts

Samples: Separation and Distribution Agreement (Dean Foods Co), Separation and Distribution Agreement (WHITEWAVE FOODS Co), Form of Separation and Distribution Agreement (WHITEWAVE FOODS Co)

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