Common use of Forbearances Clause in Contracts

Forbearances. During the period from the date of this Agreement to the Effective Time, except as expressly contemplated by this Agreement, without the prior consent of the other parties to this Agreement, no party shall: (a) grant to any person any option or other right to acquire capital stock or other equity interests, except for allocation of patronage equities in a manner consistent with past practice; (b) issue any additional shares or units of capital stock and other equity interests, except in the ordinary course of business and consistent with past practice; (c) enter into, amend or terminate any material contract, lease or understanding; (d) amend its Articles of Incorporation, its By-Laws or any board policies; (e) incur any indebtedness for borrowed money or make any commitment to borrow money, except indebtedness incurred in the ordinary course of business pursuant to credit arrangements existing as of the date of this Agreement (including any renewals thereof); (f) make any material capital expenditures other than in the ordinary course of business or which were disclosed to the other party; (g) mortgage any of its assets or properties, or except in the ordinary course of business, sell any of its material assets or properties; (h) pay any dividends or make any distributions with respect to its capital stock or equity interests, except in the ordinary course of business; (i) reclassify, combine, subdivide, split, or amend its capital stock or equity interests; (j) purchase, acquire or redeem any shares of its capital stock or equity interests, except in the ordinary course of business; or (k) agree or commit to do any of the foregoing.

Forbearances. During the period from the date of this Agreement to the Effective Time, except as expressly contemplated by this Agreement, without the prior consent of the other parties party to this Agreement, no neither party shall: (a) grant to any person any option or other right to acquire capital stock or other equity interests, except for allocation of patronage equities in a manner consistent with past practice; (b) issue any additional shares or units of capital stock and other equity interests, except in the ordinary course of business and consistent with past practice; (c) enter into, amend or terminate any material contract, lease or understanding; (d) amend its Articles of IncorporationIncorporation or Articles of Organization, as the case may be, its By-Laws Bylaws or Operating Agreement, as the case may be, or any board policies; (e) incur any indebtedness for borrowed money or make any commitment to borrow money, except indebtedness incurred in the ordinary course of business pursuant to credit arrangements existing as of the date of this Agreement (including any renewals thereof); (f) make any material capital expenditures other than in the ordinary course of business or which were disclosed to the other party; (g) mortgage any of its assets or properties, or except in the ordinary course of business, sell any of its material assets or properties; (h) pay any dividends or make any distributions with respect to its capital stock or equity interests, except in the ordinary course of business; (i) reclassify, combine, subdivide, split, or amend its capital stock or equity interests; (j) purchase, acquire or redeem any shares of its capital stock or equity interests, except in the ordinary course of business; or (k) agree or commit to do any of the foregoing.

Forbearances. During the period from the date of this Agreement to the Effective Time, except as expressly contemplated by this Agreement, without the prior consent of the other parties to this Agreement, no party shall: (a) grant to any person any option or other right to acquire capital stock or other equity interests, except for allocation of patronage equities in a manner consistent with past practice; (b) issue any additional shares or units of capital stock and other equity interests, except in the ordinary course of business and consistent with past practice; (c) enter into, amend or terminate any material contract, lease or understanding; (d) amend its Articles of IncorporationIncorporation or Articles of Organization, as the case may be, its By-Laws Bylaws or Operating Agreement, as the case may be, or any board policies; (e) incur any indebtedness for borrowed money or make any commitment to borrow money, except indebtedness incurred in the ordinary course of business pursuant to credit arrangements existing as of the date of this Agreement (including any renewals thereof); (f) make any material capital expenditures other than in the ordinary course of business or which were disclosed to the other party; (g) mortgage any of its assets or properties, or except in the ordinary course of business, sell any of its material assets or properties; (h) pay any dividends or make any distributions with respect to its capital stock or equity interests, except in the ordinary course of business; (i) reclassify, combine, subdivide, split, or amend its capital stock or equity interests; (j) purchase, acquire or redeem any shares of its capital stock or equity interests, except in the ordinary course of business; or (k) agree or commit to do any of the foregoing.