Operation of Business Prior to Closing. From the date hereof until the Closing Date, Seller, except as expressly contemplated by this Agreement or otherwise consented to by Buyer in writing, shall: (a) operate the Business only in the Ordinary Course of Business, (b) maintain all currently in use tangible Assets in good operating condition suitable for their intended use subject to ordinary wear and tear, (c) keep in full force and effect insurance comparable in amount and scope of coverage to insurance now carried with respect to the Business and the Assets, and (d) exercise commercially reasonable efforts to maintain the Subscribers and retain the services of employees of the Business. From the execution of this Agreement through the Closing Date, Seller will continue to operate the Business in substantially the same manner as above, and agrees (a) not to increase the monthly rates of the current service packages provided to Subscribers as of the Closing Date, (b) not to increase any salaries or benefits for any employees, except for the retention packages made to certain employees and previously disclosed to Seller, and (c) not to make any expenditures of capital exceeding $10,000 or assume any new obligations that exceed $5,000 on a monthly recurring basis, without first obtaining the written consent of Buyer.
Operation of Business Prior to Closing. After the date hereof and prior to the Closing, the Company shall operate its business and the business of its Subsidiaries in the Ordinary Course of
Operation of Business Prior to Closing. Seller covenants and agrees that, except with the prior written consent of Purchaser, from and after the date hereof to the Closing Date:
Operation of Business Prior to Closing. Between the date hereof and the earlier of the termination of this Agreement pursuant to Article X hereof or Closing Date,
Operation of Business Prior to Closing. Between the date hereof -------------------------------------- and the Closing Date, Seller shall operate the Business in the ordinary course consistent with past practice, except as agreed to in writing by Purchaser. Without limiting the generality of the foregoing, between the date hereof and the Closing Date (and, as the context permits, thereafter);
Operation of Business Prior to Closing. Except as required by applicable Legal Requirements or as contemplated in FrontierVision's Disclosure Schedule or Section 6.1(c), without the consent of Buyer (which consent shall not be unreasonably withheld), between the date hereof and the Closing Date, FVP will operate and cause the FrontierVision Companies to operate the Systems in the ordinary course of business (subject to, and except as modified by, compliance with the following negative and affirmative covenants) and abide by the following negative and affirmative covenants:
Operation of Business Prior to Closing. During the ----------- -------------------------------------- period from the date hereof through the Closing Date, CII agrees as to CII and each Subsidiary that (except as expressly contemplated or permitted by this Agreement or to the extent that CHS shall otherwise consent):
Operation of Business Prior to Closing. Except as required by applicable Legal Requirements or as contemplated by this Agreement or Schedule 6.1, and subject to Seller's obligation to comply with the terms and conditions hereof and the operation of the Companies' businesses in the ordinary course, and except as consented to by Buyer, between the date hereof and the Closing Date, Seller will cause the Cable Companies to operate the Systems, and MGT and Mega to conduct their respective operations, in the ordinary course of business (subject to, and except as modified by, compliance with the following negative and affirmative covenants) and cause the Companies to abide by the following negative and affirmative covenants:
Operation of Business Prior to Closing. Except as required by applicable Legal Requirements or as contemplated by Schedule 6.1 or Section 6.1(c), and subject to Falcon's obligation to comply with the terms and conditions hereof and the operation of the Falcon Companies' business in the ordinary course, and except as consented to by Buyer, between the date hereof and the Closing Date, Falcon will cause the Falcon Companies to operate the Systems in the ordinary course of business (subject to, and except as modified by, compliance with the following negative and affirmative covenants) and abide by the following negative and affirmative covenants:
Operation of Business Prior to Closing. Prior to the Closing Date, except as set forth in Section 5.4 of the Schedules, the Companies will not take any action or enter into any transaction outside the Ordinary Course of Business or of the type described in subsections (b) through (p) (but excepting subsection (g)) of Section 3.8, except (a) as otherwise contemplated, required or permitted by this Agreement, (b) as may be required by applicable Law, (c) as required by a Governmental Authority of competent jurisdiction, or (d) to the extent the Buyer otherwise consents in writing (which consent will not be unreasonably withheld, delayed or conditioned). Prior to the Closing Date, the Owners will undertake commercially reasonable, good faith efforts to cause the Company Entities to enter into an agreement with MCNC that grants the Company Entities a two-year option to acquire a two-fiber IRU along the same fiber route on which the Company Entities currently have an IRU with RST Global Communications.
