Operations of Company. (a) Company covenants for itself that, after the date hereof and prior to the Closing (unless Seller shall otherwise approve in writing or required by applicable law) Company shall not:
Operations of Company. Parent and Merger Sub each acknowledge that (a) the Company does not, and will not, have sufficient Cash on Hand or other sources of readily available funds to enable it to operate its businesses in the ordinary course of business during the period from the date of this Agreement until the Effective Time and (b) in the event of any failure by Parent to raise additional capital in order to operate the Company’s businesses during the period from the date of this Agreement until the Effective Time, neither Parent nor Merger Sub shall use any deterioration in the business, properties, assets, liabilities, financial condition or results of operations of the Company or its Subsidiaries as a basis to refuse to consummate the Transactions, including the Merger, or terminate the Agreement.
Operations of Company. Section 7.09 of the Acquiror ---------------------- Disclosure Letter sets forth the intentions of the Acquiror with respect to the method of operating the business of the Company and its Subsidiaries from and after the Effective Time and with respect to the continuation by the Company and its Subsidiaries of the employment of their respective employees. Such matters are the intentions of the Acquiror as of the date of the Plan, are subject to change in the discretion of the Acquiror and shall not be construed to create any third party rights in any Person other than the parties to this Agreement.
Operations of Company. The right of the Company in its sole discretion to diminish operations, or to take such other action with respect to the business as conditions may require is expressly recognized. The severance plan shall be continued under which, in the events adopted under which, in the event of a permanent discontinuance of plant operations, the employer will give the Union and the employees six (6) months prior written notice of its intent to discontinue operations. A Human Resources consultant will be retained and made available by the employer, in order to assist employees during the six (6) month period in relocating or obtaining employment. These obligations shall not prejudice the parties’ right to negotiate such severance payments as may be appropriate.
Operations of Company. Following the date of execution hereof and though the Closing Date, the Company will not:
Operations of Company. The right of the Company in its sole discretion to diminish operations, or to take such other action with respect to the business as conditions may require is expressly recognized. The severance plan shall be continued under which, in the eventis adopted under which, in the event of a permanent discontinuance of plant operations, the employer will give the Union and the employees six (6) months prior written notice of its intent to discontinue
Operations of Company. 42- --------------------- SECTION 7.10 Indemnification of Directors and Officers.................................................. -42- -----------------------------------------
Operations of Company. 32 ARTICLE 6
Operations of Company. During each Measurement Period, each of Buyer and Company will, except with the unanimous consent of all of the directors of Buyer and Company,
Operations of Company. (a) Olivia covenants for itself that, after the date hereof and prior to the Closing (unless Seller shall otherwise approve in writing or required by applicable law) Company shall not:
