Common use of Conduct of Business Until Closing Date Clause in Contracts

Conduct of Business Until Closing Date. Except as permitted or -------------------------------------- required hereby or as Monogenesis may otherwise consent in writing, between the date hereof and the Closing Date, OWE shall: (a) operate its business only in the usual, regular and ordinary manner as such business was conducted prior to the Balance Sheet Date and, to the extent consistent with such operation, use its best efforts to (i) preserve the present business organization intact, (ii) keep available the services of the present employees, and (iii) preserve the present business relationship with customers, suppliers and others having business dealings with it; (b) maintain all properties necessary for the conduct of the business, whether owned or leased, in substantially the same condition as they now are (reasonable wear and tear which are not such as to materially adversely affect operations and damage due to unavoidable casualty excepted); (c) neither (i) encumber, mortgage or voluntarily subject to lien, except for liens created pursuant to existing loan agreements or made in the ordinary course of business, any of the properties or assets, (ii) convey, transfer or acquire any material asset or property other than in the ordinary course of business, nor (iii) except in the ordinary course of business, incur any material fixed or contingent obligation or enter into any material agreement, commitment or other transaction or arrangement; and (d) neither declare, set aside, pay or make any dividend or other distribution or payment on or in respect of shares of its stock, nor directly or indirectly redeem, retire, purchase or otherwise acquire any of its stock.

Conduct of Business Until Closing Date. Except as permitted or -------------------------------------- required hereby or as Monogenesis may otherwise consent in writing, between the date hereof and the Closing Date, OWE Xxxx shall: (a) operate its business only in the usual, regular and ordinary manner as such business was conducted prior to the Balance Sheet Date and, to the extent consistent with such operation, use its best efforts to (i) preserve the present business organization intact, (ii) keep available the services of the present employees, and (iii) preserve the present business relationship with customers, suppliers and others having business dealings with it; (b) maintain all properties necessary for the conduct of the business, whether owned or leased, in substantially the same condition as they now are (reasonable wear and tear which are not such as to materially adversely affect operations and damage due to unavoidable casualty excepted); (c) neither (i) encumber, mortgage or voluntarily subject to lien, except for liens created pursuant to existing loan agreements or made in the ordinary course of businessagreements, any of the properties or assets, (ii) convey, transfer or acquire any material asset or property other than in the ordinary course of business, nor (iii) except in the ordinary course of business, incur any material fixed or contingent obligation or enter into any material agreement, commitment or other transaction or arrangement; and (d) neither declare, set aside, pay or make any dividend or other distribution or payment on or in respect of shares of its stock, nor directly or indirectly redeem, retire, purchase or otherwise acquire any of its stock.

Conduct of Business Until Closing Date. Except as permitted or -------------------------------------- required hereby or as Monogenesis may otherwise consent in writing, between the date hereof and the Closing Date, OWHC and OWE shall: (a) operate its their business only in the usual, regular and ordinary manner as such business was conducted prior to the Balance Sheet Date and, to the extent consistent with such operation, use its their best efforts to (i) preserve the present business organization intact, (ii) keep available the services of the present employees, and (iii) preserve the present business relationship with customers, suppliers and others having business dealings with itthem; (b) maintain all properties necessary for the conduct of the business, whether owned or leased, in substantially the same condition as they now are (reasonable wear and tear which are not such as to materially adversely affect operations and damage due to unavoidable casualty excepted); (c) neither (i) encumber, mortgage or voluntarily subject to lien, except for liens created pursuant to existing loan agreements or made in the ordinary course of business, any of the properties or assets, (ii) convey, transfer or acquire any material asset or property other than in the ordinary course of business, nor (iii) except in the ordinary course of business, incur any material fixed or contingent obligation or enter into any material agreement, commitment or other transaction or arrangement; and (d) neither declare, set aside, pay or make any dividend or other distribution or payment on or in respect of shares of its stock, nor directly or indirectly redeem, retire, purchase or otherwise acquire any of its stock.

Conduct of Business Until Closing Date. Except as permitted or -------------------------------------- required hereby or as Monogenesis may otherwise consent in writing, between the date hereof and the Closing Date, OWHC and OWE shall: (a) operate its their business only in the usual, regular and ordinary manner as such business was conducted prior to the Balance Sheet Date and, to the extent consistent with such operation, use its their best efforts to (i) preserve the present business organization intact, (ii) keep available the services of the present employees, and (iii) preserve the present business relationship with customers, suppliers and others having business dealings with itthem; (b) maintain all properties necessary for the conduct of the business, whether owned or leased, in substantially the same condition as they now are (reasonable wear and tear which are not such as to materially adversely affect operations and damage due to unavoidable casualty excepted); (c) neither (i) encumber, mortgage or voluntarily subject to lien, except for liens created pursuant to existing loan agreements or made in the ordinary course of business, any of the properties or assets, (ii) convey, transfer or acquire any material asset or property other than in the ordinary course of business, nor (iii) except in the ordinary course of business, incur any material fixed or contingent obligation or enter into any material agreement, commitment or other transaction or arrangement; and (d) neither declare, set aside, pay or make any dividend or other distribution or payment on or in respect of shares of its stock, nor directly or indirectly redeem, retire, purchase or otherwise acquire any of its stock.