Operation in the Ordinary Course. Except as otherwise disclosed herein or set forth in Schedule 5.7, or otherwise contemplated or permitted pursuant to the terms hereof, since September 30, 2006 and until the date hereof, the Business has been operated in the ordinary course of business consistent with Good Utility Practice.
Operation in the Ordinary Course. The General Partner shall use reasonable efforts to operate the Partnership and the Property in the ordinary course of business between the date hereof and the closing of the Consolidation, including making any necessary capital expenditures and leasing expenditures consistent with past practices to maintain the quality and value of the Property.
Operation in the Ordinary Course. Except as set forth in Schedule 7.1, as contemplated by the Debt Commitment Letter, or as has been approved by the Company’s Board of Directors prior to the execution hereof, between the date of this Agreement and the Closing or the earlier termination of this Agreement in accordance with Section 6.3, and except for what is expressly provided for in the Transaction Documents or what may be authorized by the Investors, the Company shall, and shall cause each of its Subsidiaries, to (a) use its respective commercially reasonable efforts to maintain its existence in good standing pursuant to applicable law, (b) conduct its business and operations in the ordinary course of business and (c) use its reasonable best efforts to (i) preserve intact its material assets, properties, contracts or other legally binding understandings, licenses and business organizations; (ii) keep available the services of its current officers and key employees; and (iii) preserve the current relationships with charterers, customers, third-party vessel managers, suppliers, distributors, lessors, licensors, licensees, creditors, contractors, governmental or regulatory authorities and other Persons with whom the Company or any of its Subsidiaries has business relations. Except as set forth in Schedule 7.1, as contemplated by the Debt Commitment Letter, or as has been approved by the Company’s Board of Directors prior to the execution hereof, between the date of this Agreement and the Closing or the earlier termination of this Agreement in accordance with Section 6.3, and except for what is expressly provided for in the Transaction Documents or what may be authorized by the Investors, the Company shall not, and shall cause each of its Subsidiaries not, to (a) declare, set aside or pay any dividend or make any other distribution in respect of any of the equity securities of the Company or any non-wholly owned Subsidiary of the Company, or any direct or indirect redemption, purchase, or other acquisition of any of such equity securities by the Company or any non-wholly owned Subsidiary of the Company other than with respect to the cashless exercise of warrants outstanding on the date hereof, (b) incur, assume or guarantee any indebtedness for borrowed money other than indebtedness among the Company and any of its Subsidiaries or in the ordinary course of business (other than as contemplated by the Debt Commitment Letter), (c) issue, sell or otherwise dispose any equity securities of the Com...
Operation in the Ordinary Course. The Sellers and OVT shall have operated the Business in the ordinary course (except as otherwise permitted by this Agreement or as agreed to by Purchaser as evidenced by Purchaser's prior written consent), and Purchaser shall have received a certificate dated as of the Closing Date, executed by an authorized officer of OVT and Sellers to such effect.
Operation in the Ordinary Course. Each of the parties hereto agrees as to itself and its subsidiaries that (except as expressly contemplated or permitted by this Agreement or to the extent that the other party hereto shall other wise consent in advance, which consent shall not be unreasonably withheld and shall subsequently be confirmed in writing) to carry on its respective business in the usual, regular and ordinary course and it shall, and shall cause its subsidiaries to, use all reasonable efforts to preserve intact their present business organizations, keep available the services of their present officers and employees and preserve their relationships with customers, suppliers and others having business dealings with and its subsidiaries.
Operation in the Ordinary Course. Operate and conduct its business within the normal course of business, and use reasonable efforts to maintain its business and properties, maintain insurance in accordance with current policies, and operate in accordance with all contractual obligations and requirements of law to protect and preserve the value of the Collateral, as defined in the Security Agreement attached hereto as Exhibit B.
Operation in the Ordinary Course. A Grantor may take the actions described in Section 8.07(c) hereof.
Operation in the Ordinary Course. During the period from the date of this Agreement to the Effective Time, unless the REIT shall otherwise consent in writing and except as otherwise expressly required by this Agreement or required by Law, the Company shall (a) operate its business in the ordinary course, consistent with past practice; (b) use its reasonable efforts to preserve intact its assets (including its goodwill) and current business organizations, to keep and to maintain current relationships with its tenants, suppliers and others having business relationships with the Company; (c) pay its Indebtedness and trade and other accounts payable punctually when and as the same will become due and payable and perform and observe, in all material respects, its duties and obligations under all contracts; (d) pay all Taxes as they become due and payable and use reasonable efforts to maintain in full force and effect all insurance policies.
Operation in the Ordinary Course. Except as otherwise disclosed herein or set forth in Schedule 5.6, since January 1, 2006, and until the date hereof, the Purchased Assets have been operated in the ordinary course of business consistent with past practice. Without limiting the generality of the foregoing, from January 1, 2006 through the date hereof, except as set forth on Schedule 5.6, Seller has not taken any action or omitted to take any action that would, after the date hereof, be prohibited by Section 7.1 of this Agreement.
Operation in the Ordinary Course. Except as set forth in Section 2.18 of the Seller Disclosure Schedule, since September 30, 2001 the Company has operated its business in the ordinary course and consistent with past practice.
