Common use of Ordinary Conduct Clause in Contracts

Ordinary Conduct. Except as set forth in the capital expenditure and operating budget of VANTAS (the "VANTAS CapEx Budget") attached hereto as part of Schedule 7(b) or otherwise expressly permitted by the terms of this Agreement, from the date hereof to the Closing, VANTAS and each of its Subsidiaries shall continue to conduct their business in the ordinary course in substantially the same manner as presently conducted and shall make all reasonable efforts consistent with past practices to preserve its relationships with customers and others with whom it deals, including the incurrence of expenditures in connection with the continued development of committed centers covered by the VANTAS CapEx Budget. Notwithstanding anything to the contrary contained herein, VANTAS may use available cash to repay indebtedness of VANTAS on which it is the primary obligor, including, without limitation, outstanding principal and accrued and unpaid interest pursuant to the Paribas Line (as herein defined). VANTAS and each of its Subsidiaries shall not take any action that would, or that could reasonably be expected to, result in (A) any of the representations and warranties (including, but not limited to, those set forth in Section 5(f)) of VANTAS set forth in this Agreement that are qualified as to materiality becoming untrue or incorrect, (B) any of such representations and warranties that are not so qualified becoming untrue or incorrect in any material respect or (C) any of the conditions to the HQ Merger set forth in Section 9 not being satisfied. In addition, except as set forth in the VANTAS Cap Ex Budget or Schedule 7(b), VANTAS and its Subsidiaries shall not do any of the following without the prior written consent of the Company:

Ordinary Conduct. Except as set forth in the capital expenditure and operating budget of VANTAS (the "VANTAS CapEx Budget") of the Company attached hereto as part of Schedule 7(b6(b) or otherwise expressly permitted by the terms of this Agreement, from the date hereof to the Closing, VANTAS the Company and each of its Subsidiaries shall continue to conduct their business in the ordinary course in substantially the same manner as presently conducted and shall make all reasonable efforts consistent with past practices to preserve its relationships with customers and others with whom it deals, including the incurrence of expenditures in connection with the continued development of committed centers covered by the VANTAS CapEx Budget. Notwithstanding anything to the contrary contained herein, VANTAS the Company may use available cash to repay indebtedness of VANTAS the Company on which it is the primary obligor, including, including without limitation, limitation outstanding principal and accrued and unpaid interest pursuant to under the Paribas Line Company's line of credit with Xxxxxx Guaranty Trust Company (as herein defined"the Xxxxxx Line"). VANTAS The Company and each of its Subsidiaries shall not take any action that would, or that could reasonably be expected to, result in (A) any of the representations and warranties (including, but not limited to, those set forth in Section 5(f4(A)(j)) of VANTAS the Company set forth in this Agreement that are qualified as to materiality becoming untrue or incorrect, (B) any of such representations and warranties that are not so qualified becoming untrue or incorrect in any material respect or (C) any of the conditions to the HQ Merger set forth in Section 9 not being satisfied. In addition, except as set forth in the VANTAS Cap Ex Company CapEx Budget or Schedule 7(b)6(b) or otherwise expressly permitted by the terms of this Agreement, VANTAS the Company and its Subsidiaries shall not do any of the following without the prior written consent of the CompanyVANTAS:

Ordinary Conduct. Except as set forth in the capital expenditure and operating budget of VANTAS (the "VANTAS CapEx Budget") of the Company attached hereto as part of Schedule 7(b6(b) or otherwise expressly permitted by the terms of this Agreement, from the date hereof to the Closing, VANTAS the Company and each of its Subsidiaries shall continue to conduct their business in the ordinary course in substantially the same manner as presently conducted and shall make all reasonable efforts consistent with past practices to preserve its relationships with customers and others with whom it deals, including the incurrence of expenditures in connection with the continued development of committed centers covered by the VANTAS CapEx Budget. Notwithstanding anything to the contrary contained herein, VANTAS the Company may use available cash to repay indebtedness of VANTAS the Company on which it is the primary obligor, including, including without limitation, limitation outstanding principal and accrued and unpaid interest pursuant to under the Paribas Line Company's line of credit with Morgan Guaranty Trust Company (as herein defined"the Morgan Line"). VANTAS Xxx Xxmpany and each of its Subsidiaries shall not shaxx xxx take any action that would, or that could reasonably be expected to, result in (A) any of the representations and warranties (including, but not limited to, those set forth in Section 5(f4(A)(j)) of VANTAS the Company set forth in this Agreement that are qualified as to materiality becoming untrue or incorrect, (B) any of such representations and warranties that are not so qualified becoming untrue or incorrect in any material respect or (C) any of the conditions to the HQ Merger set forth in Section 9 not being satisfied. In addition, except as set forth in the VANTAS Cap Ex Company CapEx Budget or Schedule 7(b)6(b) or otherwise expressly permitted by the terms of this Agreement, VANTAS the Company and its Subsidiaries shall not do any of the following without the prior written consent of the CompanyVANTAS: