Interim Operations of the Seller. Each of the Seller, EnStructure and the Parent covenants and agrees that, after the date hereof and prior to the Closing Date, except as expressly provided in this Agreement or as may be agreed in writing by the Purchaser:
Interim Operations of the Seller. Prior to the Closing Date or the earlier termination of this Agreement, except as set forth on Schedule 6.1 or as contemplated by this Agreement, unless the Buyer has previously consented in writing thereto (which consent will not be unreasonably withheld, conditioned or delayed), the Seller shall not:
Interim Operations of the Seller. (a) From the date hereof to the Closing, the Seller shall conduct (and the Partners shall cause the Seller to conduct) its business only in the ordinary course consistent with past practice, and the Seller shall not, unless the Purchaser gives its prior written approval, (i) except in the ordinary course of business, sell, pledge, dispose of, or encumber, or agree to sell, pledge, dispose of, or encumber, any of the Transferred Assets, or authorize any capital expenditure in excess of $10,000, (excluding the sale or purchase of pagers in the ordinary course of business) (ii) acquire (by merger, consolidation, or acquisition of stock or assets) any corporation, partnership, or other business organization or division thereof, or enter into any contract, agreement, commitment, or arrangement with respect to any of the foregoing, (iii) incur any indebtedness for borrowed money, issue any debt securities, or enter into or modify any contract, agreement, commitment, or arrangement with respect thereto, (iv) enter into, amend, or terminate any employment or consulting agreement with any director, officer, consultant, or key employee of the System, enter into, amend, or terminate any employment or consulting agreement with any other person that relates to the operation of the System otherwise than in the ordinary course of business, take any action intended to increase or decrease the number of persons employed by the System, or take any action with respect to the grant or payment of any severance or termination pay other than pursuant to policies or agreements of the Seller in effect on the date hereof, (v) enter into, extend, or renew any lease for office space used in connection with the operation of the System, except in the ordinary course of business or (vi) except as required by law, adopt, amend, or terminate any bonus, profit sharing, compensation, stock option, pension, retirement, deferred compensation, employment, or other employee benefit plan, agreement, trust, fund, or arrangement for the benefit or welfare of any officer, employee, or sales representative of the Seller, so as to create any liability under Article IV of ERISA to any entity, (vii) grant any increase in compensation to any director, officer, consultant, or key employee of the System, or (viii) grant any increase in compensation to any other employee or consultant of the System except in the ordinary course of business consistent with past practice.
Interim Operations of the Seller. Section 7.2
