Operate in Ordinary Course. During the Interim Period, the Vendor shall operate the Business in the ordinary course in compliance with Applicable Law and the terms and conditions of all contracts relating to the Business, and in a manner that maintains relations with Employees and the suppliers, customers and landlords of the Vendor in accordance with past custom and practice.
Operate in Ordinary Course. Merging Entity will be operated only in the ordinary course of business. 3.2
Operate in Ordinary Course. Each Borrower Party shall operate its business in the ordinary course consistent with prudent business practices for a company similarly situated in the industry in which such Borrower Party conducts its business.
Operate in Ordinary Course. During the period from the date of this Agreement and continuing until the Effective Time, the Company agrees that (except as expressly contemplated or permitted by this Agreement, or to the extent that Parent shall otherwise consent in writing) (a) the Company and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in substantially the same manner as heretofore conducted and use all commercially reasonable efforts to preserve intact their present business organizations, keep available the services of their present officers and employees and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their goodwill and ongoing business shall not be impaired in any material respect at the Effective Time; and (b) the Company shall not, nor shall it permit any of its Subsidiaries to, issue, deliver or sell, or authorize or propose the issuance, delivery or sale of, any shares of its capital stock of any class or any securities convertible into, or any rights, warrants, calls, subscriptions or options to acquire, any such shares or convertible securities, other than (i) the issuance of shares of Company Common Stock upon the exercise of Company Options outstanding on the date hereof and (ii) the issuance by a wholly owned Subsidiary of its capital stock to its parent.
Operate in Ordinary Course. From and after the date hereof through to the Closing Date, the Seller shall operate in the ordinary course with past practice. Without limiting the foregoing, the Seller shall not without the written consent of the Purchaser:
Operate in Ordinary Course. From and after the Distribution Date until February 1, 2006, xXXxX*s shall operate in the usual and ordinary course of business consistent with past practices and shall use its best efforts to continue normal purchasing, payables, leasing, financing, marketing, advertising, promotional and maintenance expenditures in order that the Cash and Cash Equivalents, working capital and capital expenditures as of and for the year ending January 31, 2006 reflect the results of its operations in the usual and ordinary course of business consistent with past practices. In addition, xXXxX*s shall not accelerate or cause a decrease in long term indebtedness or other long term liabilities, determined in accordance with GAAP and applied on a consistent basis, from the date of distribution to January 31, 2006 outside the ordinary course of business and consistent with past practices or on a one time basis. If xXXxX*s causes such a decrease in long term liabilities, the amount by which long term liabilities were reduced will be subtracted from the $30,000,000 mentioned in section (a).
Operate in Ordinary Course. MHP and the MHP Affiliates shall continue to operate in the ordinary course of business. In addition, they shall not, without the written consent of Purchaser:
Operate in Ordinary Course. TXEN shall operate its business in the usual and ordinary manner as heretofore conducted; perform in all material respects all its respective obligations and not materially modify, amend, supplement, or waive any obligation under any Contract without the prior written consent of NRC, which will not be unreasonably withheld.
Operate in Ordinary Course. During the Interim Period, the Vendor shall cause the Merger Sub to operate the Business in the ordinary course in compliance with Applicable Law and the terms and conditions of all contracts relating to the Business, and in a manner that maintains relations with consultants, independent contractors, suppliers and customers of the Merger Sub in accordance with past custom and practice.
Operate in Ordinary Course. During the Interim Period, the Vendor shall cause the NovaGold Subs to operate in the Ordinary Course of Business in compliance with Applicable Law and the terms and conditions of all Contracts, and in a manner consistent with past custom and practice, except for the transfer of the Excluded Assets from the NovaGold Subs to the Vendor or an affiliate of the Vendor and except for the limitation on the exercise of NovaGold Canada’s powers as a partner of GCP as set out in Section 7.4(2)(b).
