Common use of Conduct of Business Prior to Closing Date Clause in Contracts

Conduct of Business Prior to Closing Date. Except as expressly contemplated by this Restated Agreement, during the period from the date of this Restated Agreement to the Closing Date, Web shall conduct its business in the ordinary course and consistent with past practice, subject to the limitations contained in this Restated Agreement, and Web shall use its reasonable business efforts to preserve intact its business organization, to keep available the services of its officers, agents and employees and to maintain satisfactory relationships with all Persons with whom it does business. Except as expressly contemplated by this Restated Agreement, and it being acknowledged and agreed by each of the parties to this Restated Agreement that Parent is in the process of a substantial reduction in workforce, and, subject to the sale of the CLEC Operations, Parent shall, and it shall cause the Active Parent Subsidiaries to, use its or their reasonable best efforts to preserve intact its business organization consistent with the budget adopted by the Executive Committee of the Board of Directors of Parent, to keep available the services of only those officers, agents and employees whom Parent believes are required to maintain satisfactory relationships with all Persons with whom it does business. Without limiting the generality of the foregoing, and except as otherwise expressly provided in this Restated Agreement, after the date of this Restated Agreement and prior to the Closing Date, (i) Web will not, without the prior written consent of Parent (which consent shall not be unreasonably withheld or delayed); and (ii) subject to the sale of the CLEC Operations, neither Parent nor any Active Parent Subsidiary will, without the prior written consent of Web (which consent shall not be unreasonably withheld or delayed):

Conduct of Business Prior to Closing Date. Except as ----------------------------------------- expressly contemplated by this Restated Agreement, during the period from the date of this Restated Agreement to the Closing Date, Web shall conduct its business in the ordinary course and consistent with past practice, subject to the limitations contained in this Restated Agreement, and Web shall use its reasonable business efforts to preserve intact its business organization, to keep available the services of its officers, agents and employees and to maintain satisfactory relationships with all Persons with whom it does business. Except as expressly contemplated by this Restated Agreement, and it being acknowledged and agreed by each of the parties to this Restated Agreement that Parent is in the process of a substantial reduction in workforce, and, subject to the sale of the CLEC OperationsSection 5.11, Parent shall, and it shall cause ------------ the Active Parent Subsidiaries to, use its or their reasonable best business efforts to preserve intact its business organization organization, consistent with the budget adopted by the Executive Committee of the Board of Directors of Parent, to keep available the services of only those officers, agents and employees whom Parent believes are required to maintain satisfactory relationships with all Persons with whom it does business. Without limiting the generality of the foregoing, and except as otherwise expressly provided in this Restated Agreement, after the date of this Restated Agreement and prior to the Closing Date, (i) Web will not, without the prior written consent of Parent (which consent shall not be unreasonably withheld or delayed); and (ii) subject to the sale of the CLEC OperationsSection 5.11, neither Parent nor any Active Parent ------------ Subsidiary will, without the prior written consent of Web (which consent shall not be unreasonably withheld or delayed):

Conduct of Business Prior to Closing Date. Except as ----------------------------------------- expressly contemplated by this Restated Agreement, during the period from the date of this Restated Agreement to the Closing Date, Web the Company shall conduct conduct, and it shall cause the Subsidiaries to conduct, its business or their businesses in the ordinary course and consistent with past practice, subject to the limitations contained in this Restated Agreement, and Web the Company shall, and it shall cause the Subsidiaries to, use its or their reasonable business best efforts to preserve intact its business organization, to keep available the services of its officers, agents and employees and to maintain satisfactory relationships with all Persons with whom it does business. Except as expressly contemplated by this Restated Agreement, and it being acknowledged and agreed by each of the parties to this Restated Agreement that Parent is in the process of a substantial reduction in workforce, and, subject to the sale of the CLEC OperationsSection -------- 5.10, Parent shall, and it shall cause the Active Parent Subsidiaries to, ---- use its or their reasonable best efforts to preserve intact its business organization organization, consistent with the budget adopted by the Executive Committee of the Board of Directors of Parent, to keep available the services of only those officers, agents and employees whom Parent believes are required to maintain satisfactory relationships with all Persons with whom it does business. Without limiting the generality of the foregoing, and except as otherwise expressly provided in this Restated Agreement, after the date of this Restated Agreement and prior to the Closing Date, (i) Web will not, without neither the prior written consent of Parent (which consent shall not be unreasonably withheld or delayed); and (ii) subject to the sale of the CLEC Operations, neither Parent Company nor any Active Parent Subsidiary will, without the prior written consent of Web Parent; and (which ii) subject to Section 5.10, neither Parent nor any Active Parent Subsidiary ------------ will, without the prior written consent shall not be unreasonably withheld or delayed):of the Company:

Conduct of Business Prior to Closing Date. Except as expressly contemplated by this Restated Agreement, during the period from the date of this Restated Agreement to the Closing Date, Web Big Stuff shall conduct its business in the ordinary course and consistent with past practice, subject to the limitations contained in this Restated Agreement, and Web Big Stuff shall use its reasonable business efforts to preserve intact its business organization, to keep available the services of its officers, agents and employees and to maintain satisfactory relationships with all Persons with whom it does business. Except as expressly contemplated by this Restated Agreement, and it being acknowledged and agreed by each of the parties to this Restated Agreement that Parent is in the process of a substantial reduction in workforce, and, subject to the sale of the CLEC Operations, Parent shall, and it shall cause the Active Parent Subsidiaries to, use its or their reasonable best efforts to preserve intact its business organization consistent with the budget adopted by the Executive Committee of the Board of Directors of Parent, to keep available the services of only those officers, agents and employees whom Parent believes are required to maintain satisfactory relationships with all Persons with whom it does business. Without limiting the generality of the foregoing, and except as otherwise expressly provided in this Restated Agreement, after the date of this Restated Agreement and prior to the Closing Date, (i) Web Big Stuff will not, without the prior written consent of Parent (which consent shall not be unreasonably withheld or delayed); and (ii) subject to the sale of the CLEC Operations, neither Parent nor any Active Parent Subsidiary will, without the prior written consent of Web Big Stuff (which consent shall not be unreasonably withheld or delayed):

Conduct of Business Prior to Closing Date. Except as ----------------------------------------- expressly contemplated by this Restated Agreement, during the period from the date of this Restated Agreement to the Closing Date, Web Big Stuff shall conduct its business in the ordinary course and consistent with past practice, subject to the limitations contained in this Restated Agreement, and Web Big Stuff shall use its reasonable business efforts to preserve intact its business organization, to keep available the services of its officers, agents and employees and to maintain satisfactory relationships with all Persons with whom it does business. Except as expressly contemplated by this Restated Agreement, and it being acknowledged and agreed by each of the parties to this Restated Agreement that Parent is in the process of a substantial reduction in workforce, and, subject to the sale of the CLEC OperationsSection 5.11, Parent shall, and it shall cause the Active ------------ Parent Subsidiaries to, use its or their reasonable best business efforts to preserve intact its business organization organization, consistent with the budget adopted by the Executive Committee of the Board of Directors of Parent, to keep available the services of only those officers, agents and employees whom Parent believes are required to maintain satisfactory relationships with all Persons with whom it does business. Without limiting the generality of the foregoing, and except as otherwise expressly provided in this Restated Agreement, after the date of this Restated Agreement and prior to the Closing Date, (i) Web Big Stuff will not, without the prior written consent of Parent (which consent shall not be unreasonably withheld or delayed); and (ii) subject to the sale of the CLEC OperationsSection 5.11, neither Parent nor any Active Parent Subsidiary ------------ will, without the prior written consent of Web Big Stuff (which consent shall not be unreasonably withheld or delayed):