Covenants by Contributors. (a) Between the date hereof and the Closing Date, the Contributors will (A) operate the Company only in the usual, regular, and ordinary manner consistent with such entity's prior practice and (B) maintain the Company books of account and records in the usual, regular, and ordinary manner, in accordance with sound accounting principles applied on a basis consistent with the basis used in keeping its books in prior years. From the date hereof until the Closing Date, the Contributors shall not take any action or fail to take any action the result of which would (1) have a material adverse effect on the Contributed Interests, the Company or the Acquirer's ability to continue the operation thereof after the Closing Date in substantially the same manner as presently conducted or (2) would cause any of the representations and warranties contained in Section 2.2 to be untrue as of the Closing Date.
Covenants by Contributors. (a) Between the date hereof and the Closing Date, the Contributors will (A) operate NYMC only in the usual, regular, and ordinary manner consistent with such entity's prior practice and (B) maintain NYMC books of account and records in the usual, regular, and ordinary manner, in accordance with sound accounting principles applied on a basis consistent with the basis used in keeping its books in prior years. From the date hereof until the Closing Date, the Contributors shall not take any action or fail to take any action the result of which would (1) have a material adverse effect on the Contributed Interests, NYMC or the Acquirer's ability to continue the operation thereof after the Closing Date in substantially the same manner as presently conducted or (2) would cause any of the representations and warranties contained in Section 2.2 to be untrue as of the Closing Date.
