Conduct in Ordinary Course. In addition to the conditions discussed herein and any others to be determined after the due diligence process shall be contained in a Definitive Agreement, subject to Sellers having conducted its business(s) in the ordinary course during the period between the date hereof and the Closing Date and there having been no material adverse change in the business(s), financial condition or prospects. Sellers shall promptly notify Purchaser of any conduct of the Company or material event, circumstance, or impairment to the Company’s business or continuing operation and of any extraordinary transactions that may have an effect on the value of the Company or its underlying assets and/or liabilities.
Conduct in Ordinary Course. With reference to the Acquired Assets, XXXXX shall not enter into any transaction other than in the normal, regular and customary course of business pursuant to agreements in which the obligations of any party thereto, other than obligations relating to confidentiality, require performance by such party for a period of not more than 60 days from the date of such agreement.
Conduct in Ordinary Course. With reference to the Division, PHMD shall not enter into any transaction other than in the normal, regular and customary course of business pending the Closing.
Conduct in Ordinary Course. In addition to the conditions discussed herein and any others to be contained in a definitive written purchase agreement (the “Purchase Agreement”), consummation of the acquisition would be subject to having conducted your business in the ordinary course during the period between the date hereof and the date of closing and there having been no material adverse change in your business, financial condition or prospects.
Conduct in Ordinary Course. In addition to the conditions discussed in this Agreement, consummation of the Transaction is subject to EBI conducting its business in the ordinary course during the period between the date hereof and the date of final transition and there having been no material adverse change in EBI’s business, financial condition or prospects.
Conduct in Ordinary Course. During the period from the date hereof to the Closing Date, Premier and PCI will operate their respective businesses only in the regular and ordinary course and will preserve all current relationships, if any, with key employees, suppliers, banks and other third parties doing business with them; PROVIDED, HOWEVER, that nothing contained herein shall be deemed to restrict PET Wichita from preparing for and taking all action necessary to effect a closing, on the Closing Date and subject to the simultaneous closing of the transactions provided for herein, of the financing referred to in that certain financing commitment letter of DVI Financial Services, Inc. to PET Wichita dated Xxxxx 00, 0000 (xxx "XXX COMMITMENT LETTER"). 8.2. LIENS, AGREEMENTS, CAPITAL STOCK, WAIVER AND REORGANIZATIONS. During the period from the date hereof to the Closing Date, Premier and PCI will not:
Conduct in Ordinary Course. The Company will conduct its business in the ordinary course during the period between the date of this letter of intent and the closing date.
Conduct in Ordinary Course. Except for the -------------------------- negotiation, execution and consummation of this Agreement and as set forth on Schedule 3.1(m), since December 30, 2001, the Business has been conducted only in the Ordinary Course of Business, there has not been a Material Adverse Effect and no event has occurred that could reasonably be expected to have a Material Adverse Effect.
Conduct in Ordinary Course. Except as set forth on Schedule 3.19 or otherwise provided in this Agreement, since March 31, 1998, the Company has conducted its business only in the ordinary course of business consistent with past custom and practice, and has incurred no liabilities other than in the ordinary course of business consistent with past custom and practice and there has been no material adverse change in the assets, condition (financial or otherwise), operating results, employee or customer relations, business activities or business prospects of the Company. Without limitation of the foregoing and except as described herein or set forth on Schedule 3.19, since March 31, 1998, each of Seller and Company has not:
Conduct in Ordinary Course. Except as set forth in Section 6.08 of the Disclosure Schedule, since the Reference Statement Date, the business of the Company has been conducted in the ordinary course and consistent with past practice. As amplification and not limitation of the foregoing, since the Reference Statement Date, none of the Company or any Subsidiary has:
