Common use of Actions in the Ordinary Course of Business Clause in Contracts

Actions in the Ordinary Course of Business. Since the date of Company's Base Balance Sheet, Company (i) has not taken any action outside the ordinary and usual course of business; (ii) has not borrowed any money or become contingently liable for any obligation or liability of another; (iii) has not failed to pay any of its debts and obligations as they become due; (iv) has not incurred any debt, liability, or obligation of any nature to any party, except for obligations arising from the purchase of goods or the rendition of services in the ordinary course of business; and (v) has not failed to use its best efforts to preserve its business organization intact, to keep available the services of its employees and independent contractors, and to preserve its relationships with its customers, suppliers, and others with which it deals.

Actions in the Ordinary Course of Business. Since the date of CompanyBuyer's Base Balance Sheet, Company neither Buyer nor any of its subsidiaries (i) has not taken any action outside the ordinary and usual course of business; (ii) has not borrowed any money or become contingently liable for any obligation or liability of another; (iii) has not failed to pay any of its debts and obligations as they become due; (iv) has not incurred any debt, liability, or obligation of any nature to any party, except for obligations arising from the purchase of goods or the rendition of services in the ordinary course of business; and or (v) has not failed to use its best efforts to preserve its business organization intact, to keep available the services of its employees and independent contractors, and or to preserve its relationships with its customers, suppliers, and others with which it deals.