Common use of Maintenance of Present Business Clause in Contracts

Maintenance of Present Business. Except as contemplated by this Agreement, operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they now enjoy and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their present business organization, keep available the services of their present officers and employees, and preserve their relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.

Appears in 4 contracts

Samples: Plan and Agreement of Merger (Leapfrog Smart Products Inc), Plan and Agreement (Pvaxx Corp), Plan and Agreement (Pvaxx Corp)

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Maintenance of Present Business. Except as contemplated by this Agreement, operate Operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.it;

Appears in 3 contracts

Samples: Stock Purchase Agreement (Henley Healthcare Inc), Stock Purchase Agreement (Key Energy Group Inc), Stock Purchase Agreement (Key Energy Group Inc)

Maintenance of Present Business. Except as contemplated by this Agreement, operate Operated its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use used all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.it;

Appears in 3 contracts

Samples: Plan and Agreement of Merger (Synagro Technologies Inc), Plan and Agreement of Merger (Synagro Technologies Inc), Plan and Agreement of Merger (Synagro Technologies Inc)

Maintenance of Present Business. Except Other than as contemplated by this Agreement, operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.it, and in connection therewith it shall not substantially deviate from its pricing practices;

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Real Software Acquisition Sub 1 Inc), Agreement and Plan of Reorganization (Metamor Worldwide Inc), Agreement and Plan of Reorganization (Tava Technologies Inc)

Maintenance of Present Business. Except as contemplated by this Agreement, operate Operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all its reasonable best efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their relationships its relationship with customers, suppliers, jobbers, distributors, distributors and others having business dealings with them.it;

Appears in 2 contracts

Samples: Asset Purchase Agreement (U S Industrial Services Inc), Asset Purchase Agreement (U S Industrial Services Inc)

Maintenance of Present Business. Except as contemplated by this Agreement, operate Operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their present business organization, keep available the services of their present officers and employees, and preserve their its relationships with customers, suppliers, jobbers, distributors, distributors and others having business dealings with them.it;

Appears in 2 contracts

Samples: Asset Purchase Agreement (Key Energy Services Inc), Asset Purchase Agreement (Patterson Uti Energy Inc)

Maintenance of Present Business. Except Other than as contemplated by this Agreement, Agreement or in the Schedules to this Agreement (i) operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, (ii) to the extent consistent with such operation, use all reasonable efforts to (a) preserve intact their its present business organization, (b) keep available the services of their its present officers and employees, and (c) preserve their its relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.it;

Appears in 1 contract

Samples: Plan and Agreement of Merger (Striker Industries Inc)

Maintenance of Present Business. Except as contemplated by this Agreement, operate Operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, jobberslicensors, licensees, contractors, distributors, and others having business dealings with them.it, and in connection therewith it shall not substantially deviate from its licensing and pricing practices;

Appears in 1 contract

Samples: Share Exchange Agreement (Iis Intelligent Information Systems LTD)

Maintenance of Present Business. Except as contemplated by this Agreement, operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they now enjoy and, ,to the extent consistent with such operation, use all reasonable efforts to preserve intact their present business organization, keep available the services of their present officers and employees, and preserve their relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.

Appears in 1 contract

Samples: Agreement and Plan (Alpha Fibre Inc)

Maintenance of Present Business. Except Other than as contemplated by this Agreement, operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, licensors, licensees, jobbers, distributors, and others having business dealings with them.it, and in connection therewith it shall not substantially deviate from its licensing and pricing practices;

Appears in 1 contract

Samples: Agreement of Merger (BMC Software Inc)

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Maintenance of Present Business. Except as contemplated by this Agreement, it shall operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, jobbers, distributors, and others having business dealings with themit.

Appears in 1 contract

Samples: Plan and Agreement of Merger and Reorganization (Alpha Fibre Inc)

Maintenance of Present Business. Except Other than as contemplated by this Agreement, operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all commercially reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.it;

Appears in 1 contract

Samples: Plan and Agreement (Gundle SLT Environmental Inc)

Maintenance of Present Business. Except Other than as contemplated by this Agreement, operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.it, and in connection therewith it shall not substantially deviate from its licensing and pricing practices;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (BGS Systems Inc)

Maintenance of Present Business. Except as contemplated by this AgreementAgreement or set forth on the Disclosure Schedule, operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their relationships its relationship with customers, suppliers, jobbers, distributors, distributors and others having business dealings with them.it;

Appears in 1 contract

Samples: Stock Purchase Agreement (Iteq Inc)

Maintenance of Present Business. Except Other than as contemplated by this Agreement, operate its business and the businesses of its subsidiaries only in the usual, regular, and ordinary manner so as in an effort to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, and preserve their its relationships with customers, suppliers, jobbers, distributors, and others having business dealings with them.it, and in connection therewith it shall not substantially and adversely deviate from its licensing and pricing practices;

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (BMC Software Inc)

Maintenance of Present Business. Except as contemplated by this Agreement, operate Operate its business and the businesses of its subsidiaries only in the usual, regular, regular and ordinary manner so as to maintain the goodwill they it now enjoy enjoys and, to the extent consistent with such operation, use all reasonable efforts to preserve intact their its present business organization, keep available the services of their its present officers and employees, employees and preserve their its relationships with customers, suppliers, jobbers, distributors, distributors and others having business dealings with them.it;

Appears in 1 contract

Samples: Stock Purchase Agreement (Key Energy Group Inc)

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