Common use of Operate in Ordinary Course Clause in Contracts

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: (a) Make any Material change in its business, including any changes in accounting principles and practices or make any Material capital expenditures; (b) Sell or lease any of its Material assets, other than in the ordinary course of business and consistent with past practices or in accordance with Section 11.9; (c) Mortgage or otherwise create or increase any liens or encumbrances on any of its assets, except for any liens or encumbrances related to equipment leases entered into by Sellers after the date hereof in accordance with the terms of this Agreement, purchase money security interests in equipment purchased by Sellers after the date hereof in accordance with the terms of this Agreement and Permitted Exceptions; (d) Terminate any Assumed Agreement or amend any such contract in a material respect, except in the ordinary course of business; (e) Take any actions that have or could reasonably be expected to have a Material Adverse Effect; or (f) Make any changes to any employee retirement, deferred compensation, health, welfare or other benefit plans and programs or increase the compensation or benefits payable or to become payable or enter into one or more bonus agreements with any employee or agent at the Healthcare Facilities, except in the ordinary course of business in accordance with personnel policies existing on the date hereof.