Continuation of Businesses. Engage, or permit any Subsidiary to engage, in any line of business which is material to the Borrower and its Subsidiaries, taken as a whole, other than businesses engaged in by the Borrower and its Subsidiaries as of the date hereof and reasonable extensions thereof.
Continuation of Businesses. Engage in, or permit any of its Subsidiaries to engage in, any line of business which is material to Exelon and its Subsidiaries, taken as a whole, other than businesses engaged in by such Borrower and its Subsidiaries as of the date hereof and reasonable extensions thereof.
Continuation of Businesses. Engage in, or permit any of its Subsidiaries (other than any ComEd Entity or, on or after the PSEG Merger Date, Energy Holdings Entity) to engage in, any line of business which is material to Exelon and its Subsidiaries, taken as a whole, other than businesses engaged in by such Borrower and its Subsidiaries as of the date hereof and reasonable extensions thereof.
Continuation of Businesses. (a) Buyer shall, with Sellers’ cooperation, (i) revise the Domestic UFOC to include information required under the UFOC Guidelines concerning Buyer, Parent and any changes in the domestic franchise program Buyer intends to make, (ii) request informal advisory opinions from state franchise administrators in order to determine which states, if any, will permit Buyer to “tack” the registration of its franchise program onto the existing registrations of GACCF, and (iii) prepare and file the initial registration of Buyer’s Uniform Franchise Offering Circular with appropriate state franchise administrators.
(b) Buyer shall, with Sellers’ cooperation, amend any disclosure document relating to any pending international franchise transaction that does not close prior to the Closing Date to include required information about Buyer, Parent and any changes Buyer intends to make in the documentation for international franchises.
(c) The Sellers shall cooperate with Buyer to minimize the possibility that any prospective Franchisee will decide not to consummate a pending domestic or international transaction on account of Sellers’ sale or Buyer’s acquisition of the “Great American Cookies” franchise system.
Continuation of Businesses. (a) The Seller, Atlantic Disposal and the Subsidiaries will operate the Businesses until the time of Closing using prudent business judgment so as to preserve the business organizations. Each of Atlantic Disposal and the Subsidiaries shall carry on its business in, and only in, the usual, regular and ordinary course, consistent with past practice and in substantially the same manner as heretofore conducted and, to the extent consistent with such business, use its best efforts to preserve intact its present business organization, keep available the services of its present officers and employees, and preserve its relationships with customers, contractors, and others having business dealings with it to the end that its goodwill and ongoing business shall be unimpaired at the Closing. The Parties acknowledge the obligations of Seller under the New York Agreement.
(b) Prior to the Closing, Seller, Atlantic Disposal and the Subsidiaries shall not, without the prior consent of Purchaser, do, cause or permit to occur any one or more of the following with respect to Atlantic Disposal or any Subsidiary:
(i) Enter into or assume any contract or agreement which would be a Material Document as defined in Section 2.2(a) had the contract or agreement existed on the date this Agreement was executed, or amend any contract or agreement which is a Material Document as defined in Section 2.2(a), or forfeit or amend any license or permit or other qualification necessary or useful to conduct the Businesses;
(ii) Borrow or agree to borrow any funds or voluntarily incur, assume or become subject to whether directly or by way of guarantee, capital lease or otherwise, any obligation for borrowed money or any obligation which would be treated as long-term debt in accordance with GAAP;
(iii) Make any distribution of assets to its stockholders, including without limitation cash and cash equivalents; provided, however, that Atlantic Disposal may distribute cash and cash equivalents to Seller to the extent it would not result in negative Net Working Capital;
(iv) Make any change in any profit-sharing, bonus, deferred compensation, insurance, pension, retirement or other employee benefit plan;
(v) Enter into any collective bargaining agreement or enter into any employment contracts or increase the compensation payable to or to become payable by Atlantic Disposal or any Subsidiary after the Closing to any person to be employed by Atlantic Disposal or any Subsidiary after the Closing, exce...
Continuation of Businesses. Engage, or permit any Subsidiary to engage, in any line of business which is material to Exelon and its Subsidiaries, taken as a whole, other than businesses engaged in by Exelon and its Subsidiaries as of the date of the Amendment and Restatement Agreement and reasonable extensions thereof.
Continuation of Businesses. Seller will continue as an operating business following the acquisition of GSSI by the Company, however, Seller will not compete with the Company or GSSI in any manner whatsoever, and will not be affiliated with any entities or persons who compete with GSSI or the Company in any manner. GSSI will only offer securities for third parties subject to written approval of the board of directors of the Company. However, notwithstanding any provisions of this Agreement to the contrary, the Seller, and its officers and directors, will continue to discharge its duty and responsibili-ties to Seller 's shareholders and as a general partner in all existing limited partnership in which it is affili-ated.
Continuation of Businesses. The Borrower will not engage in, or permit any of its Subsidiaries to engage in, any line of business which is material to the Borrower and its Subsidiaries, taken as a whole, other than businesses engaged in by the Borrower and its Subsidiaries as of the date hereof and reasonable extensions thereof, including extensions required to meet applicable regulatory requirements.
Continuation of Businesses
