Operate in Ordinary Course. From and after the Distribution Date until February 1, 2006, ▇▇▇▇▇*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, ▇▇▇▇▇*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 ▇▇▇▇▇*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).
Appears in 2 contracts
Sources: Distribution Agreement (dELiAs, Inc.), Distribution Agreement (dELiAs, Inc.)