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

Conduct of Business Prior to the Closing Date. During the period from the date of this Agreement to the Effective Time, LATOKA, LEL and UNIFAB shall each use its best efforts to preserve the possession and control of all of its assets other than those consumed or disposed of for value in the ordinary course of business or pursuant to the terms of this Agreement, to preserve the goodwill of suppliers, customers and others having business relations with it and to do nothing knowingly to impair its ability to keep and preserve its business as it exists on the date of this Agreement. Without the prior written consent of the other party, neither LATOKA, LEL or any LATOKA Shareholder nor UNIFAB shall commit or suffer to occur any act or omission that (i) would cause a breach of any agreement, commitment or covenant of such party contained in this Agreement in any material respect or (ii) would cause its representations and warranties contained in Articles 4 and 5, respectively, to become untrue in any material respect. Without limiting the generality of the foregoing, during the period from the date of this Agreement to the Effective Time of the Merger each of LATOKA, LEL and UNIFAB shall conduct its business only in the ordinary course consistent with past practices.

Conduct of Business Prior to the Closing Date. During the period from the date of this Agreement to the Effective Time, LATOKAAllen, LEL the Allen Shareholders, and UNIFAB shall each use its best efforts to preserve the efforxx xx presexxx xhe possession and control of all of its assets other than those consumed or disposed of for value in the ordinary course of business or pursuant to the terms of this Agreement, to preserve the goodwill of suppliers, customers and others having business relations with it and to do nothing knowingly to impair its ability to keep and preserve its business as it exists on the date of this Agreement. Without the prior written consent of the other party, neither LATOKA, LEL or Allen nor any LATOKA Allen Shareholder nor UNIFAB shall commit or suffer to occur xxxxr any act or omission xxxxsion that (i) would cause a breach of any agreement, commitment or covenant of such party contained in this Agreement in any material respect or (ii) would cause its representations and warranties contained in Articles 4 and 5, respectively, to become untrue in any material respect. Without limiting the generality of the foregoing, during the period from the date of this Agreement to the Effective Time of the Merger each of LATOKA, LEL Allen and UNIFAB shall conduct its business only in the ordinary course consistent couxxx xonsistent with past practices.

Conduct of Business Prior to the Closing Date. During the period from the date of this Agreement to the Effective Time, LATOKAXxxxx, LEL the Xxxxx Shareholders, and UNIFAB shall each use its best efforts to preserve the possession and control of all of its assets other than those consumed or disposed of for value in the ordinary course of business or pursuant to the terms of this Agreement, to preserve the goodwill of suppliers, customers and others having business relations with it and to do nothing knowingly to impair its ability to keep and preserve its business as it exists on the date of this Agreement. Without the prior written consent of the other party, neither LATOKA, LEL or Xxxxx nor any LATOKA Xxxxx Shareholder nor UNIFAB shall commit or suffer to occur any act or omission that (i) would cause a breach of any agreement, commitment or covenant of such party contained in this Agreement in any material respect or (ii) would cause its representations and warranties contained in Articles 4 and 5, respectively, to become untrue in any material respect. Without limiting the generality of the foregoing, during the period from the date of this Agreement to the Effective Time of the Merger each of LATOKA, LEL Xxxxx and UNIFAB shall conduct its business only in the ordinary course consistent with past practices.