Common use of Conduct of Business by the Company Pending the Merger Clause in Contracts

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by this Agreement or disclosed in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time or earlier termination of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries to:

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Cd Entertainment LTD), Agreement and Plan of Merger (MTR Gaming Group Inc), Agreement and Plan of Merger (Browning Ferris Industries Inc)

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Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by (a) The Company agrees that, between the date of this Agreement and the Effective Time, except as required by applicable Law or disclosed as set forth in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time or earlier termination of this Agreement, unless Parent shall otherwise agree in writingprovide its prior written consent (which consent shall not be unreasonably withheld, the Company shall, and shall cause its subsidiaries to:conditioned or delayed):

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Alibaba Group Holding LTD), Agreement and Plan of Merger (Ali YK Investment Holding LTD), Agreement and Plan of Merger (Youku Tudou Inc.)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by this Agreement or disclosed in Section 5.01 6.1 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time Closing Date or earlier termination of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries to:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Westell Technologies Inc), Agreement and Plan of Merger (Transamerican Waste Industries Inc), Agreement and Plan of Merger (Teltrend Inc)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by The Company agrees that, between the date of this Agreement and until the earlier of the termination of this Agreement or disclosed the Effective Time, except as set forth in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time Schedule or earlier termination as expressly contemplated by any other provision of this Agreement, unless Parent shall otherwise agree consent in writing, the Company shall, and shall cause its subsidiaries to:writing (which consent will not be unreasonably withheld or delayed):

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Stantec Inc), Agreement and Plan of Merger and Reorganization (Keith Companies Inc)

Conduct of Business by the Company Pending the Merger. Except (a) The Company agrees that, between the date of this Agreement and the Effective Time, except as otherwise expressly contemplated by any other provision of this Agreement or disclosed as set forth in Section 5.01 6.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time or earlier termination of this Agreement, unless Parent shall otherwise agree consent in writing, the Company shall, and shall cause its subsidiaries to:

Appears in 2 contracts

Samples: Agreement and Plan of Merger And (Bunge LTD), Agreement and Plan of Merger And (Corn Products International Inc)

Conduct of Business by the Company Pending the Merger. Except ----------------------------------------------------- as otherwise contemplated by this Agreement or disclosed in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time or earlier termination of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries to:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Raceland Truck Plaza & Casino LLC), Agreement and Plan of Merger (Raceland Truck Plaza & Casino LLC)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by (a) The Company agrees that, between the date of this Agreement and the Effective Time, except as required by applicable Law or disclosed as set forth in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time Schedule or earlier termination as expressly provided by any other provision of this Agreement, unless Parent shall otherwise agree in writingprovide its prior written consent (which consent shall not be unreasonably withheld, the Company shall, and shall cause its subsidiaries to:conditioned or delayed):

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Alibaba Group Holding LTD), Agreement and Plan of Merger (AutoNavi Holdings LTD)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by this Agreement or disclosed in Section 5.01 of the Company Disclosure ScheduleAgreement, after the date hereof and prior to the Effective Time Closing Date or earlier termination of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries each Company Subsidiary to:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Labor Ready Inc)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by this Agreement or disclosed in Section 5.01 6.1 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time Closing Date or earlier termination of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries subsidiaries, to:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Usa Waste Services Inc)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by The Company agrees that, between the date of this Agreement or disclosed and the earlier to occur of the Effective Time and the termination of this Agreement, except as set forth in Section SECTION 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time Schedule or earlier termination as contemplated by any other provision of this Agreement, unless Parent shall otherwise agree consent in writing, the Company shall, and shall cause its subsidiaries to:

Appears in 1 contract

Samples: Ascent Pediatrics Inc

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by this Agreement or disclosed in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time or earlier termination of this Agreement, unless Parent shall otherwise agree in writingwriting (which agreement shall not be unreasonably withheld or delayed), the Company shall, and shall cause its subsidiaries to:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Circus & Eldorado Joint Venture)

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Conduct of Business by the Company Pending the Merger. Except (a) The Company agrees that, between the date of this Agreement and the Effective Time or the earlier termination of this Agreement, except as otherwise (1) expressly contemplated by any other provision of this Agreement or disclosed Agreement, any Ancillary Agreement, (2) as set forth in Section 5.01 Schedule 6.1 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time or earlier termination of this Agreement(3) as required by applicable Law, unless Parent shall otherwise agree consent in writingwriting (which consent shall not be unreasonably conditioned, the Company shall, and shall cause its subsidiaries to:withheld or delayed):

Appears in 1 contract

Samples: Merger Agreement and Plan of Reorganization (Mana Capital Acquisition Corp.)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by The Company agrees that, between the date of this Agreement or disclosed and continuing until the earlier of the termination of this Agreement pursuant to Article VIII hereof and the Effective Time, except as set forth in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time Letter or earlier termination as specifically contemplated or required by any other provision of this Agreement, unless Parent shall otherwise agree consent in writing, the Company shall, and writing (which consent shall cause its subsidiaries to:not be unreasonably withheld):

Appears in 1 contract

Samples: Agreement and Plan of Merger (I Many Inc)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by this Agreement or disclosed in Section 5.01 6.1 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time Closing Date or earlier termination of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries Subsidiaries to:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Equity Corp International)

Conduct of Business by the Company Pending the Merger. Except After the date hereof and except as otherwise contemplated by this Agreement or disclosed set forth in Section 5.01 6.1 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time Closing Date or earlier termination of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries Subsidiaries, subject to restrictions imposed by applicable law, to:

Appears in 1 contract

Samples: Merger Agreement (L 3 Communications Holdings Inc)

Conduct of Business by the Company Pending the Merger. Except The Company covenants and agrees that, from the date of this Agreement until the Effective Time or the date, if any, on which this Agreement is earlier terminated pursuant to Section 9.01 hereof, unless Parent shall otherwise consent in writing or except as otherwise contemplated by this Agreement or disclosed in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to the Effective Time or earlier termination of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries to:

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Peoples Telephone Company Inc)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by this Agreement or disclosed in Section 5.01 of the Company Disclosure Schedule, after the date hereof and prior to until the Effective Time or earlier termination of this Agreement, unless Parent shall otherwise agree in writingwriting (which agreement shall not be unreasonably withheld or delayed), the Company shall, and shall cause its subsidiaries toshall:

Appears in 1 contract

Samples: Agreement and Plan of Merger (International Aluminum Corp)

Conduct of Business by the Company Pending the Merger. Except as otherwise contemplated by this Agreement or disclosed in Section 5.01 of the The Company Disclosure Schedule, after covenants and agrees that from the date hereof and prior to the Effective Time or the earlier termination of this Agreement pursuant to Article VIII, except as set forth in Section 5.1 of the Company Disclosure Letter or as expressly contemplated by any other provision of this Agreement, unless Parent shall otherwise agree in writing, the Company shall, and shall cause its subsidiaries to:writing (such agreement by Parent not to be unreasonably withheld or delayed):

Appears in 1 contract

Samples: Agreement and Plan of Merger (Louis Dreyfus Natural Gas Corp)

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