Common use of AFFIRMATIVE UNDERTAKINGS Clause in Contracts

AFFIRMATIVE UNDERTAKINGS. (a) Except as otherwise expressly provided in this Agreement, each of Holdings, Investco and Wireless agrees that, from the date of this Agreement until the Closing, it shall, and shall cause its subsidiaries to, operate its business and maintain its Assets, in the ordinary course of business, consistent with past practice, and use its commercially reasonable efforts to (i) preserve intact its business and goodwill, (ii) maintain and renew its permits and licenses, (iii) keep available the service of its officers and employees, (iv) preserve its relationships with suppliers and other constituencies, (v) maintain its books and records and (vi) pay its obligations as they come due, in each case in the ordinary course of business, consistent with past practice.

Appears in 4 contracts

Samples: Exchange Agreement (Suncom Wireless Inc), Exchange Agreement (Highland Capital Management Lp), Exchange Agreement (DiMaio Ahmad Capital LLC)

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