Common use of Conduct of Business of Xxxxxx Clause in Contracts

Conduct of Business of Xxxxxx. Except as contemplated by this Agreement, during the period from the date hereof to the Effective Time, XXXXXX will conduct its operations in the ordinary course of business consistent with past practice and, to the extent consistent therewith, with no less diligence and effort than would be applied in the absence of this Agreement, seek to preserve intact its current business organization. Except as otherwise expressly provided in this Agreement or in the XXXXXX Disclosure Schedule, prior to the Effective Time, XXXXXX shall not, without the prior written consent of GSI: amend its Articles of Incorporation or Bylaws (or other similar governing instrument); authorize for issuance, issue, sell, deliver or agree or commit to issue, sell or deliver (whether through the issuance or granting of options, warrants, commitments, subscriptions, rights to purchase or otherwise) any stock of any class or any other securities (except bank loans) or equity equivalents (including, without limitation, any stock options or stock appreciation rights; split, combine or reclassify any shares of its capital stock, declare, set aside or pay any dividend or other distribution (whether in cash, stock or property or any combination thereof) in respect of its capital stock, make any other actual, constructive or deemed distribution in respect of its capital stock or otherwise make any payments to stockholders in their capacity as such, or redeem or otherwise acquire any of its securities; adopt a plan of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of XXXXXX (other than the Merger);