Common use of Nature of Business Clause in Contracts

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Consolidated Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Consolidated Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Consolidated Subsidiaries on the date of this AgreementAgreement as described in the Memorandum.

Nature of Business. Neither the Company nor any Consolidated Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Consolidated Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Consolidated Subsidiaries on the date of this Agreement.Agreement as described in the Company’s most recently filed Form 10-K.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this AgreementAgreement and described in the Offering Materials.

Nature of Business. Neither the Company nor any Principal Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Principal Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Principal Subsidiaries on the date of this AgreementClosing Date.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries Subsidiaries, would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the businessbusiness in which the Company and its Restricted Subsidiaries, taken on as a consolidated basiswhole, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by which the Company and its Subsidiaries Restricted Subsidiaries, taken as a whole, are engaged on the date of this AgreementClosing, as described in the Memorandum.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from its business relating to the general nature development, production, processing and transportation of the business engaged in by the Company and its Subsidiaries on the date of this Agreementhydrocarbons.

Nature of Business. Neither the Company nor any Subsidiary will of its Subsidiaries shall engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this AgreementOriginal Closing Date.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on and described in the date of this AgreementAnnual Report.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries and described in the Annual Report of the Parent on Form 10-K for the date of this Agreementfiscal year ended December 31, 1994.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement, including the business engaged in by Seller.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, business which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Subsidiary subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on as described in the date of this AgreementDisclosure Documents.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from its business relating to the general nature development, production, processing and transportation of the business engaged in by the Company and its Subsidiaries on the date of this Agreementhydrocarbons.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its the Subsidiaries would be substantially changed from other than the general nature business of marketing, processing, distributing and selling nuts, related products and businesses reasonably related to any of the business engaged in by the Company and its Subsidiaries on the date of this Agreementforegoing.

Nature of Business. Neither the Company nor any Subsidiary ------------------ will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries (including, but not limited to, the Insurance Subsidiary) would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this Agreement. .SECTION 5.7.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on as described in the date of this AgreementMemorandum.

Nature of Business. Neither the Company nor any Subsidiary will shall engage in any business ifbusiness, if as a result, when taken as a whole, the general nature of the business, taken on a consolidated basis, which would business then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by of the Company and its Subsidiaries on the date of this Agreementhereof and described in the attached Schedule 9.15.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the businessbusiness of the Company and its Subsidiaries, taken on as a consolidated basiswhole, which would then be engaged in by the Company and its Subsidiaries Subsidiaries, would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if(i)other than the business in which the Company and its Restricted Subsidiaries are engaged in presently or which are reasonable extensions thereof or are incidental to the Company's operations, or (ii)if as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.and

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement. .

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this AgreementClosing Date.

Nature of Business. Neither the Company nor any Restricted Subsidiary will shall engage in any business ifbusiness, if as a result, when taken as a whole, the general nature of the business, taken on a consolidated basis, which would business then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by of the Company and its Subsidiaries on the date of this Agreementhereof and described in the Memorandum.

Nature of Business. Neither the Company Corporation nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company Corporation and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries Corporation on the date of this AgreementMerger Date.

Nature of Business. Neither the Company nor any Consolidated Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Consolidated Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Consolidated Subsidiaries on the date of this AgreementAgreement as described in the SEC Disclosure Documents.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this AgreementEffective Date.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this AgreementClosing Date and described in the Memorandum. Section 5.6.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on as of the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business or activity if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company Fund and its Subsidiaries would be substantially changed from its business relating to the general nature development, production, processing and transportation of the business engaged in by the Company and its Subsidiaries on the date of this Agreementhydrocarbons.

Nature of Business. Neither the Company nor any Subsidiary will shall engage in any business ifbusiness, if as a result, when taken as a whole, the general nature of the business, taken on a consolidated basis, which would business then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by of the Company and its Subsidiaries on the date of this Agreementhereof.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then than be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement; provided, that any sale or other disposition of the Company's natural gas distribution business shall not be deemed to be a change in the general nature of the business of the Company and its Subsidiaries.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business business, if, as a result, when taken as a whole, the general nature of the business, taken on a consolidated basis, which would then be engaged in by business of the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by of the Company and its Restricted Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Subsidiary ------------------------------- will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.substantially

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this AgreementClosing.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement. No transaction or series of transactions permitted under §5.17 or constituting Ordinary Course Investments shall be deemed to violate this §5.5.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries Subsidiaries, taken as a whole, on the date of this Agreement.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on as of the date of this Agreement, which is the business of cellular therapy and the development of healthcare products involving cellular therapy.

Nature of Business. Neither the Company nor any Subsidiary will shall engage in any business ifbusiness, if as a result, when taken as a whole, the general nature of the business, taken on a consolidated basis, which would business then be engaged in by the Company and its Subsidiaries would be substantially Materially changed from the general nature of the business engaged in by of the Company and its Subsidiaries on the date of this Agreementhereof.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries (including, but not limited to, the Insurance Subsidiary) would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this Agreement. .Section 5.7.

Nature of Business. Neither the Company nor any Significant Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Significant Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Significant Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a 42 consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Consolidated Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Consolidated Subsidiaries would be substantially changed from the general nature of the business engaged in Allied Capital Corporation 2003 Note Agreement by the Company and its Consolidated Subsidiaries on the date of this AgreementAgreement as described in the Memorandum.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this AgreementAgreement and businesses related thereto.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement; provided, that any sale or other disposition of the Company’s natural gas distribution business shall not be deemed to be a change in the general nature of the business of the Company and its Subsidiaries.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the businessbusiness (including but not limited to water reclamation and sewage treatment), taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this AgreementExecution Date.

Nature of Business. Neither the Company nor any any\ Restricted\ Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its the\ Restricted\ Subsidiaries would be substantially changed from its business relating to the general nature development, production, processing and transportation of the business engaged in by the Company and its Subsidiaries on the date of this Agreementhydrocarbons.

Nature of Business. Neither the Company nor any Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any ------------------ Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature of the business engaged in by the Company and its Restricted Subsidiaries on the date of this Agreement.

Nature of Business. Neither the Company nor any Restricted Subsidiary will engage in any business if, as a result, the general nature of the business, taken on a consolidated basis, which would then be engaged in by the Company and its Restricted Subsidiaries would be substantially changed from the general nature storage, transmission and sale of the business engaged in by the Company water for domestic, industrial and its Subsidiaries on the date of this Agreementcommercial uses, and activities related thereto.