Common use of Conduct of Business of the Company and its Subsidiaries Clause in Contracts

Conduct of Business of the Company and its Subsidiaries. (a) Except as expressly contemplated by this Agreement, during the period from the date hereof until such time as Purchaser's designees shall constitute a majority of the Board, the Company shall, and the Company shall cause each of its Subsidiaries to: (i) conduct its business only in the ordinary course consistent with past practice in all material respects; (ii) use commercially reasonable efforts to preserve, maintain, and protect its assets and the business of the Company and each of its Subsidiaries; (iii) use commercially reasonable efforts to preserve intact the business organization of the business of the Company and each of its Subsidiaries, to keep available the services of the employees of its business, and to maintain existing relationships with licensors, licensees, suppliers, contractors, distributors, customers, and others having business relationships with its business; and (iv) comply in all material respects with all applicable laws, including all applicable federal and state securities laws, rules and regulations and including, without limitation, the timely filing of all periodic reports with the SEC required to be filed pursuant to the Exchange Act.

Conduct of Business of the Company and its Subsidiaries. (a1) ------------------------------------------------------- Except as expressly contemplated by this Agreement, during the period from the date hereof until such time as Purchaser's designees shall constitute a majority of the Board, the Company shall, and the Company shall cause each of its Subsidiaries to: (i) conduct its business only in the ordinary course consistent with past practice in all material respects; (ii) use commercially reasonable efforts to preserve, maintain, and protect its assets and the business of the Company and each of its Subsidiaries; (iii) use commercially reasonable efforts to preserve intact the business organization of the business of the Company and each of its Subsidiaries, to keep available the services of the employees of its business, and to maintain existing relationships with licensors, licensees, suppliers, contractors, distributors, customers, and others having business relationships with its business; and (iv) comply in all material respects with all applicable laws, including all applicable federal and state securities laws, rules and regulations and including, without limitation, the timely filing of all periodic reports with the SEC required to be filed pursuant to the Exchange Act.