Common use of CONDUCT OF BUSINESSES PENDING THE MERGER Clause in Contracts

CONDUCT OF BUSINESSES PENDING THE MERGER. Section 6.1 Conduct of Business by the Company Pending the Merger 18 Section 6.2 Conduct of Business by Parent and Acquisition Corp 18 ARTICLE VII ADDITIONAL AGREEMENTS Section 7.1 Access and Information 19 Section 7.2 Additional Agreements 20 Section 7.3 Publicity 20 Section 7.4 Appointment of Directors 20 Section 7.5 Name Changes 20 Section 7.6 Stockholder Consent 20 ARTICLE VIII CONDITIONS OF PARTIES’ OBLIGATIONS Section 8.1 Company Obligations 21 Section 8.2 Parent and Acquisition Corp. Obligations 21

CONDUCT OF BUSINESSES PENDING THE MERGER. 28 Section 6.1 Conduct of Business by the Company Pending the Merger 18 Merger. 28 Section 6.2 Conduct of Business by Parent and Acquisition Corp 18 Merger Sub. 29 ARTICLE VII ADDITIONAL AGREEMENTS 30 Section 7.1 Access and Information 19 Information. 30 Section 7.2 Additional Agreements 20 Agreements. 31 Section 7.3 Publicity 20 Publicity. 31 Section 7.4 Appointment of Directors 20 Directors. 31 Section 7.5 Name Changes 20 Section 7.6 Stockholder Consent 20 ARTICLE VIII CONDITIONS OF PARTIES’ OBLIGATIONS Section 8.1 Company Obligations 21 Section 8.2 Parent and Acquisition Corp. Obligations 21Consent. 31

CONDUCT OF BUSINESSES PENDING THE MERGER. Section 29 SECTION 6.1 Conduct of Business by the Company Pending the Merger 18 Section CONDUCT OF BUSINESS BY THE COMPANY PENDING THE MERGER 29 SECTION 6.2 Conduct of Business by Parent and Acquisition Corp 18 CONDUCT OF BUSINESS BY PARENT AND ACQUISITION CORP 30 ARTICLE VII ADDITIONAL AGREEMENTS Section 31 SECTION 7.1 Access and Information 19 Section ACCESS AND INFORMATION 31 SECTION 7.2 Additional Agreements 20 Section ADDITIONAL AGREEMENTS 31 SECTION 7.3 Publicity 20 Section PUBLICITY 32 SECTION 7.4 Appointment of Directors 20 Section APPOINTMENT OF DIRECTORS 32 SECTION 7.5 Name Changes 20 Section NAME CHANGES 32 SECTION 7.6 Stockholder Consent 20 ARTICLE VIII CONDITIONS OF PARTIES’ OBLIGATIONS Section 8.1 Company Obligations 21 Section 8.2 Parent and Acquisition Corp. Obligations 21STOCKHOLDER CONSENT 32

CONDUCT OF BUSINESSES PENDING THE MERGER. 24 Section 6.1 Conduct of Business by the Company Pending the Merger 18 24 Section 6.2 Conduct of Business by Parent and Acquisition Corp 18 25 ARTICLE VII ADDITIONAL AGREEMENTS 26 Section 7.1 Access and Information 19 26 Section 7.2 Additional Agreements 20 26 Section 7.3 Publicity 20 27 Section 7.4 Appointment of Directors 20 Section 7.5 Name Changes 20 Section 7.6 Stockholder Consent 20 ARTICLE VIII CONDITIONS OF PARTIES’ OBLIGATIONS Section 8.1 Company Obligations 21 Section 8.2 Parent and Acquisition Corp. Obligations 2127

CONDUCT OF BUSINESSES PENDING THE MERGER. 29 Section 6.1 Conduct of Business by the Company Pending the Merger 18 Merger. 29 Section 6.2 Conduct of Business by Parent and Acquisition Corp 18 Merger Sub 30 ARTICLE VII ADDITIONAL AGREEMENTS 31 Section 7.1 Access and Information 19 Information. 31 Section 7.2 Additional Agreements 20 Agreements. . 32 Section 7.3 Publicity 20 Publicity. 32 Section 7.4 Appointment of Directors 20 Directors. . 32 Section 7.5 Name Changes 20 Section 7.6 Stockholder Consent 20 Consent. 32 ARTICLE VIII CONDITIONS OF PARTIES’ OBLIGATIONS 33 Section 8.1 Company Obligations 21 Obligations. 33 Section 8.2 Parent and Acquisition Corp. Obligations 21Merger Sub Obligations. 34