Common use of Conduct of Business Prior to the Closing Clause in Contracts

Conduct of Business Prior to the Closing. From the Effective Date until the earlier of the Closing Date and the termination of this Agreement in accordance with Section 9.01 (the “Pre-Closing Period”), except as otherwise provided in this Agreement or consented to in writing by Buyer (which consent shall not be unreasonably withheld, delayed or conditioned), Sellers shall, and shall cause the Company to, use commercially reasonable efforts to (x) conduct the business of the Company in the ordinary course consistent with past practice; and (y) maintain and preserve intact the current organization, business and franchise of the Company and to preserve the rights, franchises, goodwill and relationships of its employees, customers, lenders, suppliers, regulators and others having business relationships with the Company. Without limiting the foregoing, during Pre-the Closing Period, Sellers shall:

Conduct of Business Prior to the Closing. From the Effective Date date hereof until the earlier of the Closing Date and the termination of this Agreement in accordance with Section 9.01 (the “Pre-Closing Period”)Date, except as otherwise provided in this Agreement or consented to in writing by Buyer (which consent shall not be unreasonably withheld, delayed conditioned or conditioneddelayed), Sellers Seller shall, and shall cause the Company Acquired Companies to, use commercially reasonable efforts to (x) conduct the their business of the Company in the ordinary course of business consistent with past practice, including the continued progress of engineering, design and construction of the Plant and bringing the Plant into commercial operations; and (y) use reasonable best efforts to maintain and preserve intact the their current organization, business and franchise of the Company and to preserve the rights, franchises, goodwill and relationships of its any employees, customers, lenders, suppliers, regulators and others having business relationships with the CompanyAcquired Companies. Without limiting the foregoing, during Pre-from the date hereof until the Closing PeriodDate, Sellers Seller shall:

Conduct of Business Prior to the Closing. From the Effective Date date hereof until the earlier to occur of the Closing Date and or the valid termination of this Agreement in accordance with Section 9.01 (the “Pre-Closing Period”)terms hereof, except as otherwise provided in this Agreement or consented to in writing by Buyer (which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed), Sellers shall, and shall cause the Company and its Subsidiaries to, use commercially reasonable efforts to (x) conduct the business of the Company and its Subsidiaries in the ordinary course of business consistent with past practice; and (y) use commercially reasonable effects to maintain and preserve intact the current organization, business business, the Company Intellectual Property and franchise of the Company and its Subsidiaries, and to preserve the rights, franchises, goodwill and business relationships of the Company and/or its employees, customers, lenders, suppliers, regulators and others having business relationships with the CompanySubsidiaries. Without limiting the foregoing, during Pre-from the date hereof until the Closing PeriodDate, Sellers Seller shall:

Conduct of Business Prior to the Closing. From the Effective Date date hereof until the earlier of (i) the Closing Date and or (ii) the termination of this Agreement in accordance with Section 9.01 (the “Pre-Closing Period”)pursuant to Article X, except as otherwise provided in this Agreement or consented to in writing by Buyer (which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed), Sellers Seller shall, and shall cause the Company Subsidiary to, use commercially reasonable efforts to (x) conduct the business of the Company Business in the ordinary course of business consistent with past practice; and (y) use reasonable best efforts to maintain and preserve intact the its current Business organization, business operations and franchise of the Company and to preserve the rights, franchises, goodwill and relationships of its employeesEmployees, customers, lenders, suppliers, regulators and others having business relationships with the CompanyBusiness. Without limiting the foregoing, during Pre-from the date hereof until the Closing PeriodDate, Sellers Seller shall, and shall cause Subsidiary to:

Conduct of Business Prior to the Closing. From the Effective Date date hereof until the earlier of the Closing Date and the termination of this Agreement in accordance with Section 9.01 (the “Pre-Closing Period”)its terms, except as set forth in Section 5.01 of the Disclosure Schedules or as otherwise provided in this Agreement or consented to in writing by Buyer (which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed), Sellers Seller shall, and shall cause the Company to, use commercially reasonable efforts to (x) conduct the business of the Company in the ordinary course of business consistent with past practice; and (y) use commercially reasonable efforts to maintain and preserve intact the current organization, business and franchise of the Company and to preserve the rights, franchises, goodwill and relationships of its employees, customers, lenders, suppliers, regulators and others having business relationships with the Company. Without limiting the foregoing, during Pre-from the date hereof until the earlier of the Closing PeriodDate and the termination of this Agreement in accordance with its terms, Sellers shallSeller shall use commercially reasonable efforts to, except with the prior written consent of Buyer:

Conduct of Business Prior to the Closing. From the Effective Date date hereof until the earlier of the Closing Date and the termination of this Agreement in accordance with Section 9.01 (the “Pre-Closing Period”)Closing, except as otherwise provided in this Agreement or as consented to in advance in writing by Buyer the Purchaser (which consent shall not be unreasonably withheld, delayed conditioned or conditioneddelayed), Sellers shall, each of the Company and the Manager shall cause the Company and the Subsidiaries to, use commercially reasonable efforts to : (xa) conduct the business of the Company their businesses in all material respects in the ordinary course of business consistent with past practice; and (yb) use commercially reasonable efforts to maintain and preserve intact the current organization, organization and business and franchise of the Company and the Subsidiaries and to preserve the rights, franchises, goodwill and relationships of its employees, the key customers, lenders, suppliers, regulators and others having material business relationships with the Company. Without limiting Company and the foregoing, during Pre-the Closing Period, Sellers shall:Subsidiaries.

Conduct of Business Prior to the Closing. (a) From the Effective Date until the earlier of the Closing Date and the termination date of this Agreement in accordance with Section 9.01 (until the “Pre-Closing Period”)Closing, except as otherwise expressly provided in this Agreement Agreement, as set forth on Section 5.01 of the Disclosure Schedules, or as consented to in writing by Buyer Purchaser (which consent shall not be unreasonably withheld, delayed withheld or conditioneddelayed), Sellers Seller shall, and shall cause the Company to, use commercially reasonable efforts to : (xi) conduct the business of the Company Business in the ordinary course of business consistent with past practice; and (yii) use commercially reasonable efforts to maintain and preserve intact the current organization, business and franchise of the Company and to preserve the rights, franchises, goodwill and relationships of its employeesthe Covered Employees, customers, lenders, suppliers, regulators and others having business relationships with the Company. Without limiting the foregoing, during Pre-the Closing Period, Sellers shall:.