Common use of INTERIM ACTIVITIES Clause in Contracts

INTERIM ACTIVITIES. Except as otherwise expressly provided ------------------ in this Agreement, between the Base Date and the Closing Date, the Buyer has used its best efforts to cause the Principals to cause the Employees to conduct the Business in the ordinary course consistent with past practice, subject to the terms and conditions of this Agreement, and not to enter into any third-party contracts relating to the Business, or make any capital expenditures or incur or assume any liabilities, in the name of or on behalf of SBD or SBCL, other than (i) expenditures for the capital equipment listed in Schedule 3 hereto and (ii) such other contracts incidental to the conduct of the Business as the Seller has approved in writing. To the best knowledge of the Buyer, during such period, the Employees have conducted the Business and refrained from entering into third- party contracts, in conformity with the preceding sentence.