Continuing Operations. From and after the Closing Date, the Company shall, and shall use its best efforts to cause each Subsidiary to, use all commercially reasonable efforts to operate its business in a prudent fashion and in such a fashion as is not likely to result in a Material Adverse Effect on the Company; PROVIDED, HOWEVER, that the Company shall not be liable to the Purchaser for violation of this Section 6.3 in connection with any action or operation of the Company that those members of the Board of Directors who were elected by the Purchaser (as provided in Section 6.13 of this Agreement) voted to approve, adopt or ratify (if such action or operation was voted upon by the Board of Directors), unless the information provided to the Board of Directors in connection with its vote upon such action or operation failed to contain all information that a reasonable person would deem material in considering such action or operation.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Insight Health Services Corp), Securities Purchase Agreement (Insight Health Services Corp), Securities Purchase Agreement (Insight Health Services Corp)
