Common use of Interim Operations of Newco Clause in Contracts

Interim Operations of Newco. Newco was formed solely for the purpose of engaging in the transactions contemplated by this Agreement and entering into agreements with the Equity Investors relating to the operation of the Surviving Corporation following consummation of the Merger. Newco has not owned, operated or conducted and, prior to the Effective Time, will not own, operate or conduct any businesses or activities other than in connection with its organization, the negotiation and execution of this Agreement and the Agreements with and among the Equity Investors and the consummation of the transactions contemplated hereby and thereby.

Interim Operations of Newco. Newco was is a newly organized Gesellschaft mit beschraenkter Haftung formed solely for the purpose of engaging in the transactions contemplated by this Agreement and Agreement. Prior to the Closing, Newco will not have conducted any business, incurred any liabilities, or engaged in any other transactions, other than entering into agreements with the Equity Investors relating to the operation of the Surviving Corporation following consummation of the Merger. Newco has not owned, operated or conducted and, prior to the Effective Time, will not own, operate or conduct any businesses or activities other than in connection with its organization, the negotiation and execution of this Agreement and doing such acts as are necessary in its capacity as a holding company with respect to the Agreements with and among the Equity Investors and the consummation of the transactions contemplated hereby and therebyForeign STEAG Subsidiaries under this Agreement.