Covenants of the Company and the Sellers. The Company and each of the Sellers hereby jointly and severally covenant and agree with the Buyer as follows:
Covenants of the Company and the Sellers. The Company and the Sellers covenant with the Underwriter as follows:
Covenants of the Company and the Sellers. Until the Effective Date, except as otherwise consented to or approved by the Purchaser in writing, the Company and the Sellers agree that they shall act, or refrain from acting where required hereinafter, to comply (and in the case of the Sellers, to cause the Company to comply) with the following:
Covenants of the Company and the Sellers. The Company and the Sellers covenant, jointly and severally, as follows:
Covenants of the Company and the Sellers. Each of the Company and the Sellers further agrees, jointly and severally, except as set forth in or contemplated by this Agreement or as otherwise approved by the Purchaser in writing, that from the date hereof through the Closing Date:
Covenants of the Company and the Sellers. Conduct of the Business. The Company and each Subsidiary will, and the Sellers will cause the Company and each Subsidiary to, comply with the following covenants prior to the Closing, unless otherwise approved in writing by the Purchaser. The Company and each Subsidiary will: maintain its legal existence; use all reasonable efforts to preserve the Business and its business organization intact, retain its licenses, permits, authorizations, franchises and certifications, and preserve the existing contracts and goodwill of its customers, suppliers, vendors, service providers, personnel and others having business relations with it; conduct its business only in the ordinary course (including without limitation the collection of receivables and the payment of payables and capital expenditures); and use all reasonable efforts to operate in such a manner as to assure that the representations and warranties of the Company and the Sellers set forth in this Agreement will be true and correct as of the Closing Date with the same force and effect as if such representations and warranties had been made on and as of the Closing Date. The Company and each Subsidiary will not: change its method of management or operations in any material respect; dispose, acquire or license any assets or properties or make any commitment to do so, other than in the ordinary course of business; incur any indebtedness for borrowed money, make any loans or advances, assume, guarantee or endorse or otherwise become responsible for the obligation of any other Person, or subject any of its properties or assets to any Lien, in each case other than in the ordinary course of business; modify, amend, cancel or terminate any Material Contract or any other existing agreement, contract or instrument material to the Company, any Subsidiary or the Business; make any change in the compensation paid or payable to any officer, director, manager, employee, agent, representative or consultant as shown or required to be shown on Schedule 3.21, or pay or agree to pay any bonus or similar payment (other than bonus payments or other amounts to which the Company or any Subsidiary is committed and which are expressly disclosed in this Agreement); promote, change the job title of, or otherwise alter in any material respect the responsibilities or duties of, any management employee or officer of the Company or any Subsidiary; enter into any contract or agreement (A) with respect to which the Company or any Subsidiary...
Covenants of the Company and the Sellers. The Company and each of the Sellers, jointly and severally (except Sections 6.9 and 6.11, which shall be several and not joint), covenant and agree with ICC as follows:
Covenants of the Company and the Sellers. The Company and the ---------------------------------------- Founders, jointly and severally, with respect to all matters set forth below, and NAV, severally, only with respect to those covenants and agreements applicable to NAV, covenant and agree that:
Covenants of the Company and the Sellers. The Company and the Sellers covenant with each of the Underwriters as follows:
Covenants of the Company and the Sellers. 5.1 ACCESS AND INVESTIGATION Between the date of this Agreement and the Merger Closing Date, the Company and its Representatives will (a) afford Barnabus and its Representatives and prospective lenders and their Representatives (collectively, "Barnabus's Advisors") full and free access to the Company's personnel with due regard for the confidentiality of this Agreement, properties, contracts, books and records, and other documents and data, (b) furnish Barnabus and Barnabus's Advisors with copies of all such contracts, books and records, and other existing documents and data as Barnabus may reasonably request, and (c) furnish Barnabus and Barnabus's Advisors with such additional financial, operating, and other data and information as Barnabus may reasonably request.
