Common use of Conduct of the Business Clause in Contracts

Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its Business in the ordinary course consistent with past practice and use its best efforts to preserve intact its business organization and relationships with third parties and to keep available the services of its present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall not:

Appears in 3 contracts

Samples: Asset Purchase Agreement (Argo Digital Solutions Inc), Asset Purchase Agreement (rVue Holdings, Inc.), Asset Purchase Agreement (Zvue Corp)

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Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with past practice practices and shall use its reasonable best efforts to preserve intact its the business organization and relationships with third parties and to keep available the services of its the present officers and employeesemployees of the Business. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall will not:

Appears in 2 contracts

Samples: Asset Purchase Agreement (ClearStory Systems, Inc.), Asset Purchase Agreement (Datawatch Corp)

Conduct of the Business. From the date hereof until the Closing Date, except as set forth on Section 5.01 of the Disclosure Schedule or as contemplated by any of the Transaction Documents, Seller shall conduct its the Business in the ordinary course consistent with Seller’s past practice and shall use its best reasonable efforts to preserve intact its the business organization organizations and relationships with third parties and to keep available the services of its present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall not:current Business Employees.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Affinity Gaming, LLC), Assignment and Assumption Agreement (Affinity Gaming, LLC)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with past practice and shall use its best reasonable efforts to preserve intact its the business organization organizations and relationships with third parties and to keep available the services of its the present officers and employeesemployees of the Business. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall will not:

Appears in 2 contracts

Samples: Transaction Agreement (Insilco Corp/De/), Transaction Agreement (Insilco Holding Co)

Conduct of the Business. (a) From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with past practice practices and shall use its best efforts to preserve intact its the business organization and relationships with third parties and to keep available the services of its the present officers and employeesemployees of the Business. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall will not:

Appears in 1 contract

Samples: Asset Purchase Agreement (Retalix LTD)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with both past practices and standard industry practice and shall use its best commercially reasonable efforts to preserve intact its the business organization and relationships with third parties and to keep available the services of its the present officers officers, employees and employeesconsultants of the Business. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall will not:

Appears in 1 contract

Samples: Asset Purchase Agreement (Netscout Systems Inc)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall will cause the Company to, and Seller will conduct its Business the Company's business in the ordinary course consistent with past practice and practice, use its their reasonable best efforts to (i) preserve intact its the business organization of the Company and relationships with third parties having business relations with the Company, and to (ii) keep available the services of its the present officers and employeesemployees of the Company. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall notwill cause the Company not to:

Appears in 1 contract

Samples: Stock Purchase Agreement (Ziff Davis Intermediate Holdings Inc)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its Business business in the ordinary course consistent with past practice practice, and use its reasonable best efforts to preserve intact its the Transferred Assets, the Division and the business organization and relationships and goodwill of Seller with third parties and to keep available the services of its those present officers officers, employees, agents and employeesother personnel of the Division designated by Buyer. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall not:

Appears in 1 contract

Samples: Asset Purchase Agreement (Docucon Incorporated)

Conduct of the Business. (a) From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with past practice practices and shall use its best commercially reasonable efforts to preserve intact its business organization and relationships with third parties and to keep available the services of its present officers officers, employees and employeesindependent contractors and preserve the goodwill, reputation and present relationships of the Business with suppliers, customers, licensors and others having business relations with Seller. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall will not:

Appears in 1 contract

Samples: Asset Purchase Agreement (Echo Global Logistics, Inc.)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall, and shall cause its Subsidiaries to, conduct its the Business in the ordinary course consistent with both past practice practices and standard industry practices and shall use its best efforts to preserve intact its their business organization organizations and relationships with third parties and to keep available the services of its the present officers officers, employees and employeesconsultants of the Business. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall not, and shall cause each of its Subsidiaries not to:

Appears in 1 contract

Samples: Asset Purchase Agreement (Conversion Services International Inc)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with past practice and shall use its best commercially reasonable efforts to preserve intact its the business organization organizations and relationships with third parties relevant to the Business, and to keep available the services of its the present officers and employeesBusiness Employees. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, with respect to the Business, Seller shall will not, without the prior written consent of Buyer:

Appears in 1 contract

Samples: Asset Purchase Agreement (Van Der Moolen Holding Nv)

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Conduct of the Business. (a) From the date of execution hereof until the Closing Date, the Seller shall conduct its the Business in the ordinary course consistent with past practice and practice, use its best efforts to preserve intact its business organization the Acquired Assets and the relationships with third parties of the Business, and to keep available the services of its present officers and employeesthe employees in connection with the Business. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, without the prior written consent of the Purchaser, the Seller shall not:

Appears in 1 contract

Samples: Asset Purchase Agreement (Sina Corp)

Conduct of the Business. From the date hereof until the Closing Date, the Seller shall conduct its the Business in the ordinary course consistent with past practice and use its best efforts to will preserve intact its business organization the business, operations and goodwill of the Seller and the relationships with third parties parties, including, but not limited to, its relationship with customers and suppliers, and utilize its reasonable commercial efforts to keep available and retain all present employees of the services of its present officers and employeesSeller. Without limiting the generality prior written consent of the foregoingPurchaser, from the date hereof until the Closing Date, the Seller shall notnot do any of the following acts:

Appears in 1 contract

Samples: Asset Purchase Agreement (Global Directmail Corp)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with past practice and shall use its best efforts to preserve intact its the business organization organizations and relationships with third parties and to keep available the services of its the present officers and employeesemployees of the Business. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall will not:

Appears in 1 contract

Samples: Select Asset Purchase Agreement (Vfinance Inc)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with past practice and shall use its best commercially reasonable efforts to preserve intact its the business organization organizations and relationships with third parties and to keep available the services of its the present officers and employeesemployees of the Business. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall will not, without the prior consent of Buyer:

Appears in 1 contract

Samples: Asset Purchase Agreement (Oxboro Medical Inc)

Conduct of the Business. (a) From the date hereof Effective Date until the Closing Date, the Seller shall conduct its the Business in the ordinary course consistent with past practice and use its best commercially reasonable efforts to preserve intact its business organization the Business and the Seller’s relationships with suppliers, dealers, customers and third parties having business relationships with the Business and to keep available the services of its the present officers Business Employees (including the Retained Employees) and employees. Without limiting Union Employees, with such exceptions as occur in the generality ordinary course of the foregoing, from the date hereof until the Closing Date, Seller shall not:business consistent with past practice.

Appears in 1 contract

Samples: Asset Purchase Agreement (Phoenix Container, Inc.)

Conduct of the Business. From the date hereof until the Closing Date, Seller shall conduct its the Business in the ordinary course consistent with past practice and shall preserve intact the Transferred Assets, and shall use its best commercially appropriate efforts to preserve intact its business organization and relationships the Business’s goodwill with third parties and to keep available the services of its present officers and employeesparties. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller shall not:

Appears in 1 contract

Samples: Asset Purchase Agreement (Greenfield Online Inc)

Conduct of the Business. From the date hereof until through the Closing Date, Seller the Sellers shall conduct its the Business in the ordinary course consistent with past practice and use its best all reasonable efforts to preserve intact its the business organization organization, goodwill and relationships with third parties of the Business, and to keep available the services of its the present officers and employees. Without limiting the generality employees of the foregoing, from Business. From the date hereof until through the Closing DateClosing, each Seller shall notshall:

Appears in 1 contract

Samples: Asset Purchase Agreement (Continucare Corp)

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