Matters Pending Closing. Foothills undertakes that (i) it will not do, permit to do or omit to do (or allow to be done or to be omitted to be done) any act or thing (in either case whether or not in the ordinary course of business) which is material in the context of Issuer prior to Closing and (ii) subject to the foregoing, procure in particular (but without limiting the generality of the foregoing) that Foothills shall not prior to Closing, without having first obtaining the prior written consent of Purchaser or save as contemplated under this Agreement:
Matters Pending Closing neither party will make any public announcement with respect to the matters contained herein without the prior written consent of the other except as may be required upon the advise of counsel to comply with reporting requirements of the Securities and Exchange Commission, AMEX or the Nasdaq stock market. Pending Closing HVNV shall conduct its business in its ordinary course except that the parties acknowledge that HVNV is attempting to obtain control through acquisition or otherwise a controlling interest in Saba which is outside its ordinary course. Relative to any matter that requires a vote of shareholders of Saba between the date of this Agreement and Closing, SAI agrees to vote in accordance with the direction of the Board of Directors of HVNV. The parties to this Agreement will obtain any and all necessary authority to conclude the terms of this Agreement at or before Closing and/or any regulatory or self-regulatory organizational approvals. Further pending Closing, the parties to this Agreement will use good faith in commercial dealings related to the Stock Exchange Agreement, acknowledge that each party will spend a substantial effort and expense based on the commitments made herein.
Matters Pending Closing a. Seller undertakes that, during the period from the Effective Date to Closing, the Company and Business will be operated in the ordinary course of business consistent with past practice (taking into account the matters contemplated by this Agreement), without changing the payment terms (either from its Franchisees or any other party), accounting principles or operating policies, and will use its best efforts to maintain the goodwill of its Franchisees, the Company’s suppliers and the Company’s customers. In any event, the Seller shall not do, or attempt to do, any of the things specified in Schedule 6 without the prior written consent of the Purchaser.
Matters Pending Closing. Except as may be otherwise herein contemplated, Issuer undertakes that (i) it will not do, permit to do or omit to do (or allow to be done or to be omitted to be done) any act or thing (in either case whether or not in the ordinary course of business) which is material in the context of Issuer prior to Closing and (ii) subject to the foregoing, procure in particular (but without limiting the generality of the foregoing) that Issuer shall not prior to Closing, without having first obtaining the prior written consent of Purchaser or save as contemplated under this Agreement:
Matters Pending Closing. Without limiting the generality of Section 6.1 with respect to the Disk Drive Business throughout the period from the date hereof through and including the Closing, MCUS shall not (except with the prior written consent of ST Chatsworth) cause or permit MC to:-
Matters Pending Closing
