Common use of Conduct of Company Business Pending the Merger Clause in Contracts

Conduct of Company Business Pending the Merger. (a) The Company covenants and agrees that until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, except as (i) set forth on Schedule 6.1 of the Company Disclosure Letter, (ii) as expressly permitted or required by this Agreement, including Annex B, (iii) as may be required by applicable Law or (iv) as otherwise consented to by Parent in writing, (A) the Company shall, and shall cause each of its Subsidiaries to, use commercially reasonable efforts to conduct its businesses in all material respects in the ordinary course and (B) the Company shall maintain its status as a REIT; provided, however, that no action by the Company or its Subsidiaries with respect to the matters specifically addressed by any provision of Section 6.1(b) shall be deemed a breach of this sentence unless such action would constitute a breach of such other provision of Section 6.1(b).

Conduct of Company Business Pending the Merger. (a) The Except as set forth on Schedule 6.1 of the Company Disclosure Letter, as expressly permitted or required by this Agreement, as may be required by applicable Law or otherwise consented to in advance by Parent in writing (which consent shall not be unreasonably withheld, delayed or conditioned), the Company covenants and agrees that that, until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, except as (i) set forth on Schedule 6.1 of the Company Disclosure Letter, (ii) as expressly permitted or required by this Agreement, including Annex B, (iii) as may be required by applicable Law or (iv) as otherwise consented to by Parent in writing, (A) the Company it shall, and shall cause each of its Subsidiaries to, use commercially reasonable efforts to conduct its businesses in all material respects only in the ordinary course course, including by using commercially reasonable efforts to preserve substantially intact its present business organization and (B) the Company shall maintain preserve its status as a REITexisting relationships with its key customers and suppliers; provided, however, that no action by the Company or its Subsidiaries with respect to the matters specifically addressed by any provision of Section 6.1(b) shall be deemed a breach of this sentence unless such action would constitute a breach of such other provision of Section 6.1(b).

Conduct of Company Business Pending the Merger. (a) The Except as set forth on Schedule 6.1 of the Company Disclosure Letter, as expressly permitted or required by this Agreement, as may be required by applicable Law or otherwise consented to by Parent in writing (which consent shall not be unreasonably withheld, delayed or conditioned), the Company covenants and agrees that that, until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, except as (i) set forth on Schedule 6.1 of the Company Disclosure Letter, (ii) as expressly permitted or required by this Agreement, including Annex B, (iii) as may be required by applicable Law or (iv) as otherwise consented to by Parent in writing, (A) the Company it shall, and shall cause each of its Subsidiaries to, use conduct its businesses in the ordinary course, including by using commercially reasonable efforts to conduct preserve substantially intact its businesses in all material respects in the ordinary course present business organization and (B) the Company shall maintain preserve its status as a REITexisting relationships with its key customers, suppliers, creditors and employees; provided, however, that no action by the Company or its Subsidiaries with respect to the matters specifically addressed by any provision of Section 6.1(b) shall be deemed a breach of this sentence unless such action would constitute a breach of such other provision of Section 6.1(b).

Conduct of Company Business Pending the Merger. (a) The Except as set forth on Schedule 6.1 of the Company Disclosure Letter, as expressly permitted or required by this Agreement, as may be required by applicable Law or otherwise consented to by Parent in writing (after consultation with the Company, if practicable), the Company covenants and agrees that that, until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, except as (i) set forth on Schedule 6.1 of the Company Disclosure Letter, (ii) as expressly permitted or required by this Agreement, including Annex B, (iii) as may be required by applicable Law or (iv) as otherwise consented to by Parent in writing, (A) the Company it shall, and shall cause each of its Subsidiaries to, use (i) comply with applicable Law in all material respects and (ii) conduct its businesses in the ordinary course, including by using commercially reasonable efforts to conduct preserve substantially intact its businesses in all material respects in the ordinary course present business organization and (B) the Company shall maintain preserve its status as a REITexisting relationships with its key customers, suppliers, creditors and employees; provided, however, that no action by the Company or its Subsidiaries with respect to the matters specifically addressed by any provision of Section 6.1(b) shall be deemed a breach of this sentence unless such action would constitute a breach of such other provision of Section 6.1(b).

Conduct of Company Business Pending the Merger. (a) The Except as set forth on Schedule 6.1 of the Company Disclosure Letter, as expressly permitted or required by this Agreement, as may be required by applicable Law or otherwise consented to by Parent in writing (which consent shall not be unreasonably withheld, delayed or conditioned), the Company covenants and agrees that that, until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, except as (i) set forth on Schedule 6.1 of the Company Disclosure Letter, (ii) as expressly permitted or required by this Agreement, including Annex B, (iii) as may be required by applicable Law or (iv) as otherwise consented to by Parent in writing, (A) the Company it shall, and shall cause each of its Subsidiaries to, use conduct its businesses in the ordinary course, including by using commercially reasonable efforts to conduct preserve substantially intact its businesses in all material respects in the ordinary course present business organization and (B) the Company shall maintain preserve its status as a REITexisting relationships with its key customers suppliers, employees and creditors; provided, however, that no action by the Company or its Subsidiaries with respect to the matters specifically addressed by any provision of Section 6.1(b) shall be deemed a breach of this sentence unless such action would constitute a breach of such other provision of Section 6.1(b).