Diligent Conduct. If, within five days after receipt by ESI from the Key Shareholder Representatives of written notice that ESI is not diligently conducting the defense or attempted settlement of any Third Party Claim in good faith, ESI does not provide reasonably sufficient evidence to the Key Shareholder Representatives that ESI is diligently conducting such defense or attempting such settlement in good faith, the Key Shareholder Representatives will thereafter have the right to contest, settle or compromise such Third Party Claim.
Diligent Conduct. Except as consented to by Purchaser, MRG shall conduct its business diligently in the ordinary course. MRG shall use its best efforts to preserve its business organization intact, to keep available to Purchaser the services of MRG's present officers and to preserve for the benefit of Purchaser the goodwill of MRG's suppliers, customers and others having business relations with MRG.
Diligent Conduct. Except as consented to by CRTZ, ITI shall conduct its business diligently in the ordinary course. ITI shall use its best efforts to preserve its business organization intact, to keep available to CRTZ the services of ITI's present officers and to preserve for the benefit of CRTZ the goodwill of ITI's suppliers, customers and others having business relations with ITI.
Diligent Conduct. Except as consented to by BTI, MRG shall conduct its business diligently in the ordinary course. MRG shall use its best efforts to preserve its business organization intact, to keep available to BTI the services of MRG's present officers and to preserve for the benefit of BTI the goodwill of MRG's suppliers, customers and others having business relations with MRG.
Diligent Conduct. If, within five (5) days after receipt by the Indemnified Party from Indemnifying Party of written notice that Indemnified Party is not diligently conducting the defense or attempted settlement in good faith, Indemnified Party does not provide
Diligent Conduct. From the date of this Agreement through the Closing Date, each of Seller and Brigantine shall conduct the Business and the Brigantine Business diligently in the ordinary course, preserve intact the Business and the Brigantine Business and its marketing organization, use its commercially reasonable efforts to retain in its employ those Employees who Buyer has indicated an intent to hire and the Brigantine employees and use its commercially reasonable efforts to preserve its relationships with its suppliers, customers, distributors, sales representatives and others having business relations with it.
Diligent Conduct. From the date hereof through the Closing Date, the Company and each Subsidiary shall use its reasonable efforts to (i) conduct its business diligently and in the ordinary course, (ii) preserve intact its business and marketing organization, (iii) retain in its employ all of its key employees and (iv) preserve its relationships with its suppliers, customers, sales representatives, and others having business relations with it.
Diligent Conduct. If, within five days after receipt by KTI from the Key Shareholder Representatives of written notice that KTI is not diligently conducting the defense or attempted settlement of any Third Party Claim in good faith, KTI does not provide reasonably sufficient evidence to the Key Shareholder Representatives that KTI is diligently conducting such defense or attempting such settlement in good faith, the Key Shareholder Representatives will thereafter have the right to contest, settle or compromise such Third Party Claim.
