Common use of Absence of Unusual Transactions Clause in Contracts

Absence of Unusual Transactions. Since December 31, 2013, except as contemplated by this Agreement or as set forth on Schedule 3.1.13, the Seller has not: 3.1.13.1 transferred, assigned, sold or otherwise disposed of any assets or canceled any debts or claims, except in each case in the ordinary and usual course of business consistent with past practices; 3.1.13.2 incurred or assumed any Indebtedness (other than the Seller Note Payable); 3.1.13.3 issued, sold, or transferred any of its membership interests, or issued, granted or delivered any right, option or other commitment for the issuance of any such membership interests; 3.1.13.4 discharged or satisfied any Lien, or paid any obligation or liability (fixed or contingent) other than in the ordinary and normal course of business consistent with past practices; 3.1.13.5 acquired any Person or the business or, except in the ordinary course of business consistent with past practices, the assets of any Person; 3.1.13.6 substantively amended or changed or taken any action to substantively amend or change its Charter Documents; 3.1.13.7 made any general wage or salary increases or paid any bonus, in respect of personnel which it employs, other than increases in the ordinary and normal course of business and consistent with past practices; 3.1.13.8 subjected to any Lien, granted a security interest in, or otherwise encumbered the assets of the Seller, or any of its other assets or property, whether tangible or intangible; 3.1.13.9 made any change in any existing election, or made any new election, with respect to any tax law in any jurisdiction which election could have an effect on the tax treatment of the Seller or the Business;

Absence of Unusual Transactions. Since December 31, 2013, except as contemplated by this Agreement or as set forth on Schedule 3.1.13, the Seller Company has not: 3.1.13.1 transferred, assigned, sold or otherwise disposed of any assets or canceled any debts or claims, except in each case in the ordinary and usual course of business consistent with past practices; 3.1.13.2 incurred or assumed any Indebtedness obligation or liability (other than fixed or contingent), except unsecured current obligations and liabilities incurred in the Seller Note Payable)ordinary and normal course of business consistent with past practices; 3.1.13.3 incurred any Indebtedness; 3.1.13.4 issued, sold, or transferred any of its membership interests, or issued, granted or delivered any right, option or other commitment for the issuance of any such capital stock or membership interests; 3.1.13.4 3.1.13.5 discharged or satisfied any Lien, or paid any obligation or liability (fixed or contingent) other than in the ordinary and normal course of business consistent with past practices; 3.1.13.5 3.1.13.6 acquired any Person or the business or, except in the ordinary course of business consistent with past practices, the assets of any Person; 3.1.13.6 3.1.13.7 suffered any operating loss or any extraordinary loss, or waived any rights of substantial value, or entered into any commitment or transaction not in the ordinary and usual course of business and consistent with past practices; 3.1.13.8 substantively amended or changed or taken any action to substantively amend or change its Charter Documents; 3.1.13.7 3.1.13.9 made any general wage or salary increases or paid any bonus, in respect of personnel which it employs, other than increases in the ordinary and normal course of business and consistent with past practices; 3.1.13.8 3.1.13.10 subjected to any Lien, granted a security interest in, or otherwise encumbered the assets of the SellerCompany, or any of its other assets or property, whether tangible or intangible; 3.1.13.9 3.1.13.11 made any single capital expenditure in excess of $10,000; 3.1.13.12 made any change in any existing election, or made any new election, with respect to any tax law in any jurisdiction which election could have an effect on the tax treatment of the Seller Company or the Business;

Absence of Unusual Transactions. Since December 31, 2013, except as contemplated by this Agreement or as set forth on Schedule 3.1.13, the Seller has not: 3.1.13.1 transferred, assigned, sold or otherwise disposed of any assets or canceled any debts or claims, except in each case in the ordinary and usual course of business consistent with past practices; 3.1.13.2 incurred or assumed any Indebtedness (other than the Seller Note Payable); 3.1.13.3 issued, sold, or transferred any of its membership interests, or issued, granted or delivered any right, option or other commitment for the issuance of any such membership interests; 3.1.13.4 discharged or satisfied any Lien, or paid any obligation or liability (fixed or contingent) other than in the ordinary and normal course of business consistent with past practices; 3.1.13.5 acquired any Person or the business or, except in the ordinary course of business consistent with past practices, the assets of any Person; 3.1.13.6 substantively amended or changed or taken any action to substantively amend or change its Charter Documents; 3.1.13.7 made any general wage or salary increases or paid any bonus, in respect of personnel which it employs, other than increases in the ordinary and normal course of business and consistent with past practices; 3.1.13.8 subjected to any Lien, granted a security interest in, or otherwise encumbered the assets of the Seller, or any of its other assets or property, whether tangible or intangible; 3.1.13.9 made any change in any existing election, or made any new election, with respect to any tax law in any jurisdiction which election could have an effect on the tax treatment of the Seller or the Business; 3.1.13.10 entered into, amended or terminated any material Contract; 3.1.13.11 settled any claim or litigation, or filed any motions, orders, briefs or settlement agreements in any proceeding before any governmental Authority or any arbitrator, other than in connection with the Xxxxxx Release; 3.1.13.12 maintained its books of account on a basis inconsistent with prior periods or made any change in any of its accounting methods or practices; 3.1.13.13 engaged in any one or more activities or transactions outside the ordinary course of business which could have an effect on the within transactions or the Business; or 3.1.13.14 authorized or agreed or otherwise become committed to do any of the foregoing.