Continued Operation of Business. Except as provided on Schedule 6.1(b), or as expressly required or contemplated by the terms of this Agreement, or unless Seller obtains Buyer’s prior written approval, from the date hereof through the Closing Date, Seller shall, and shall cause each Acquired Aether Entity to:
Continued Operation of Business. Since the date of this Agreement, the Company shall have continued to conduct its operations in accordance with the provisions of Section 5.2 of this Agreement.
Continued Operation of Business. Prior to the Closing, the Company will use commercially reasonable efforts (i) to preserve substantially intact the business organization of the Company, (ii) to keep available the services of the employees of the Company and (ii) to preserve the present relationships of the Company with persons having significant business relations therewith.
Continued Operation of Business. Seller shall continue to operate in the ordinary course of its business until the Closing.
Continued Operation of Business. Since the date of this Agreement, DAVN and all DAVN Subsidiaries shall have continued to conduct their operations in accordance with the provisions of Section 5.1 of this Agreement.
Continued Operation of Business. The Borrowers shall be enjoined from conducting any part of their business as a debtor in possession, there shall occur any act of terrorism or other "force majeure" event disrupting any material portion of the businesses of the Borrowers and their Subsidiaries, or there shall occur any loss or change in any license or permit of any of the Borrowers or any of their Subsidiaries, or any material damage to, or loss of any Borrower's assets, which in each such case referred to this Section 10.08 shall continue for a period of five (5) or more days and could reasonably be expected to have a Material Adverse Effect; or
Continued Operation of Business. Prior to the Closing, the Seller will, to the extent required for continued operation of the business of the Company and CSD Canada without impairment, use commercially reasonable efforts (i) to preserve substantially intact the business organization of the Company and CSD Canada, (ii) to keep available the services of the employees of the Company and (ii) to preserve the present relationships of the Company and CSD Canada with persons having significant business relations therewith.
Continued Operation of Business. Except as otherwise provided in this Agreement, during the period from the date hereof through the Closing, Seller will:
Continued Operation of Business. Borrower and/or any Guarantor shall be enjoined from conducting any part of its business as a debtor-in-possession; there shall occur any act of terrorism or other “force majeure” event disrupting any material portion of the business of Borrower and/or any Guarantor, which in each such case referred to in this Section 7.14 shall continue for a period of five (5) or more days and could reasonably be expected to have a Material Adverse Effect.
Continued Operation of Business. Except as provided on Schedule 6.1(b), or as expressly required or contemplated by the terms of this Agreement or unless Seller obtains Buyer’s prior written approval, until the Closing Date, Seller shall (i) operate the Business in the ordinary course consistent with past practice, (ii) use commercially reasonable efforts to maintain satisfactory relationships with employees, suppliers, customers and others having professional relationships with the Business and (iii) use commercially reasonable efforts to maintain the Purchased Assets in reasonably good operating condition, normal wear and tear excepted. Without Buyer’s prior written approval, until the Closing Date, Seller shall not (v) dispose of, encumber, sell or otherwise transfer any of the Purchased Assets except for Inventory and supplies disposed of in the ordinary course of business consistent with past practice, (w) enter into any new, or amend any existing, severance agreement, deferred compensation or arrangements, plans or programs for the benefit of the Transferred Employees or grant any Transferred Employee an increase in employee compensation other than in the ordinary course of business or pursuant to a promotion consistent with past practice, (x) pay liabilities of the Business other than in the ordinary course of business consistent with past practice, (y) delay or postpone the payment of accounts payable or other liabilities of the Business other than in the ordinary course of business consistent with past practice, or (z) enter into or modify, amend or terminate any Material Contract.
