Each of Patriot. Cal Jockey and BMOC shall use its best efforts, and shall take all actions requested of it, to consummate the Offer, provided however, Patriot, Cal Jockey and BMOC shall not be required to waive any conditions to the Offer. Each of Cal Jockey and BMOC shall use its best efforts to cause the Offer Documents to be timely mailed to their stockholders.
Each of Patriot. Wyndham and Interstate shall, and shall use its best efforts to cause its officers, employees, agents, consultants, advisors and Affiliates to, hold in strict confidence and not disclose confidential information concerning the other party to another person, and to not use any such confidential information, except as provided herein or unless compelled to disclose such information by judicial or administrative process or, in the opinion of counsel, by other requirements of law.
Each of Patriot. Cal Jockey and BMOC shall cooperate and promptly prepare and submit to the New York Stock Exchange (the "NYSE") all reports, applications and other documents that may be necessary or desirable to enable all of the shares of Cal Jockey Stock and BMOC Stock that will be outstanding or will be reserved for issuance at the Effective Time to be listed for trading on the NYSE. Each of Patriot, Cal Jockey and BMOC shall furnish all information about itself and its business and operation and all necessary financial information to the other as the other may reasonably request in connection 32 with the such NYSE listing process. Each of Cal Jockey, BMOC and Patriot agrees promptly to correct any information provided by it for use in the NYSE listing process if and to the extent that such information shall have become false or misleading in any material respect. Each of Patriot, Cal Jockey and BMOC will advise and deliver copies (if any) to the other parties, promptly after it receives notice thereof, of any request by the NYSE for amendment of any submitted materials or comments thereon and responses thereto or requests by the NYSE for additional information.
Each of Patriot. Wyndham and Interstate will execute and deliver such further instruments of conveyance, transfer and assignment and will take such other actions as each of them may reasonably request of the other in order to effectuate the purposes of this Agreement and to carry out the terms hereof. Without limiting the generality of the foregoing, at any time and from time to time after the Distribution Date, at the request of Interstate and without the payment of any further consideration, Patriot/Wyndham will execute and deliver to Interstate or the LLC all other instruments of transfer, conveyance, assignment and confirmation and take such other action as Interstate may reasonably request in order to more effectively transfer, convey and assign to Interstate or the LLC and to confirm Interstate's or the LLC's title to all of the Contributed Assets, to put Interstate or the LLC in actual possession and operating control thereof and to permit Interstate or the LLC to exercise all rights with respect thereto (including without limitation rights under contracts and other arrangements as to which the consent of any required third party to the transfer thereof shall not have previously been obtained) and Interstate and the LLC will execute and deliver to Patriot/Wyndham all instruments, undertakings or other documents and take such other action as Patriot/Wyndham may reasonably request in order to have Interstate or the LLC fully assume and discharge the Assumed Liabilities and relieve Patriot/Wyndham of any Liability or obligations with respect thereto and evidence the same to third parties. The transfers, conveyances and assignments made, if any, pursuant to this Section 6.3 shall be structured and effected consistent with the Restructuring Transactions and the parties hereto will cooperate with each other in executing documentation to effect the foregoing. Notwithstanding the foregoing, Patriot/Wyndham, Interstate and the LLC shall not be obligated, in connection with the foregoing, to expend monies other than reasonable out-of-pocket expenses and attorneys' fees.
Each of Patriot. Wyndham and Interstate will execute and deliver such further instruments of conveyance, transfer and assignment and will take such other actions as each of them may reasonably request of the other in order to effectuate the purposes of this
