Common use of Activities of the Company Clause in Contracts

Activities of the Company. Prior to the consummation of the Merger, the Company will not engage in any activity or enter into any transaction or agreement (including Incurring any Indebtedness other than the Initial Securities, making any Restricted Payments, engaging in any transactions with Affiliates, incurring any Liens or entering into any mergers (other than the Merger) or sales of substantially all of its assets) except to the extent necessary to effectuate the Transactions substantially in accordance with the description of the Transactions set forth in the Offering Memorandum.