Common use of CONDUCT AND BUSINESS Clause in Contracts

CONDUCT AND BUSINESS. (a) Between the date hereof and the Closing Date, Far Beyond shall conduct its business in substantially the same manner in which it has heretofore been conducted, and the FB Shareholders will not permit Far Beyond to: (1) enter into any contracts, agreements or arrangements, other than in the ordinary course of business, or (2) declare or make any distribution of any kind to the FB Shareholders. (b) Between the date hereof and the Closing Date, the Company shall conduct its business in substantially the same manner in which it has heretofore been conducted, and the Company will not; (1) enter into any contracts, agreements or arrangements, other than in the ordinary course of business, or (2) declare or make any distribution of any kind to the shareholders of the Company. Further, also during such time period, the Company hereby agrees that neither the Company nor any of its affiliates or associates (as such terms are defined in Rule 12b-2 under the Exchange Act) will, and the Company and they will not assist or encourage others to, directly or indirectly, except as expressly permitted by this Agreement (1) sell or dispose of or agree, offer, seek or propose to sell or dispose of (or request permission to do so from any person) ownership (including, but not limited to, beneficial ownership as defined in Rule 13d-3 under the Exchange Act) of (x) any of the assets or business of the Company, (y) any securities of the Company (whether outstanding or to be issued0 or (z) any rights or options to acquire such ownership (including to or from a person other than the Company), or (2) enter into any discussions, negotiations, arrangements or understandings with any person or entity with respect to any of the foregoing save and except for the Disposal Agreement and the Assignment Agreement.

CONDUCT AND BUSINESS. (a) a. Between the date hereof and the Closing Date, Far Beyond NOSP shall conduct its business in substantially the same manner in which it has heretofore been conducted, and the FB Shareholders will not permit Far Beyond to: NOSP to (1) enter into any contractscontract, agreements or arrangementsagreement, arraignment, etc., other than in the ordinary course of business, or (2) declare or make any distribution of any kind to the FB Shareholdersshareholders of NOSP without first obtaining the written consent of the Company. (b) b. Between the date hereof and the Closing Date, the Company shall conduct its business in substantially the same manner in which it has heretofore been conducted, and the Company will not; not (1) enter into any contractscontract, agreements or arrangementsagreement, arraignment, etc., other than in the ordinary course of business, or (2) declare or make any distribution of any kind to the shareholders of the CompanyCompany without first obtaining the written consent of NOSP. Further, also during such time period, the Company hereby agrees that neither the Company nor any of its affiliates or associates (as such terms are defined in Rule 12b-2 under the Exchange Act) will, and the Company and they will not assist or encourage others to, directly or indirectly, except as expressly permitted by this Agreement (1) sell or dispose of or agree, offer, seek or propose to sell or dispose of (or request permission to do so from any person) ownership (including, but not limited to, beneficial ownership as defined in Rule 13d-3 under the Exchange Act) of (x) any of the assets or business of the Company, (y) any securities of the Company (whether outstanding or to be issued0 issued) or (z) any rights or options to acquire such ownership (including to or from a person other than the Company), or (2) enter into any discussions, negotiations, arrangements or understandings with any person or entity with respect to any of the foregoing save and except foregoing. The restrictions contained in the forgoing sentence shall not be applicable to ordinary brokerage or trading transactions by a securities broker or dealer or purchases by an institutional investor solely for investment purposes aggregating less than 5% of the Disposal Agreement and the Assignment AgreementCompany's outstanding voting securities.

CONDUCT AND BUSINESS. (a) a. Between the date hereof and the Closing Date, Far Beyond Kolcari shall conduct its business in substantially the same manner in which it has heretofore been conducted, and the FB Shareholders will not permit Far Beyond Kolcari to: ; (1l) enter into any contracts, agreements or arrangementsagreements, other than in the ordinary course of businessarraignments, or (2) declare or make any distribution of any kind to the FB Shareholdersetc. (b) Between the date hereof and the Closing Date, the Company shall conduct its business in substantially the same manner in which it has heretofore been conducted, and the Company will not; (1) enter into any contracts, agreements or arrangements, other than in the ordinary course of business, or (2) declare or make any distribution of any kind to the shareholders of Kolcari without first obtaining the written consent of the Company. b. Between the date hereof and the Closing Date, the Company shall conduct its business in the same manner in which it has heretofore been conducted, and the Company will not; (1) enter into any contracts, agreements, arraignments, etc., other than in the ordinary course of business, or (2) declare or make any distribution of any kind to the shareholder" of the Company without first obtaining the written consent of Kolcari. Further, also during such time period, the Company hereby agrees that neither the Company nor any of its affiliates or associates (as such terms are defined in Rule 12b-2 under the Exchange Act) will, and the Company and they will not assist or encourage others to, directly or indirectly, except as expressly permitted by this Agreement (1l) sell or dispose of or agree, offer, seek or propose to sell or dispose of (or request permission to do so from any person) ownership (including, but not limited to, beneficial ownership as defined in Rule 13d-3 under the Exchange Act) of (x) any of the assets or business of the Company, (y) any securities of the Company (whether outstanding or to be issued0 issued) or (z) any rights or options to acquire such ownership (including to or from a person other than the Company), or (2) enter into any discussions, negotiations, arrangements or understandings with any person or entity with respect to any of the foregoing save and except foregoing. The restrictions contained in the forgoing sentence shall not be applicable to ordinary brokerage or trading transactions by a securities broker or dealer or purchases by an institutional investor solely for investment purposes aggregating less than 5% of the Disposal Agreement and the Assignment AgreementCompany's outstanding voting securities.