Common use of Operations of Company Clause in Contracts

Operations of Company. (a) Company covenants for itself that, after the date hereof and prior to the Closing (unless Seller shall otherwise approve in writing or required by applicable law) Company shall not: (i) conduct any business; (ii) (A) amend its certificate of incorporation or by-laws, or adopt any stockholders’ rights plan or enter into any agreement with any of its stockholders in their capacity as such, (B) split, combine, subdivide or reclassify its outstanding shares of its capital, (C) declare, set aside, make or pay any dividend or distribution payable in cash, stock or property in respect of any of its capital stock, or, (D) repurchase, redeem or otherwise acquire to purchase, redeem or otherwise acquire, any shares of its capital stock; (iii) take or fail to take any action that would (A) cause any of its representations and warranties herein to become inaccurate or misleading in any material respect; (iv) issue, deliver, sell or encumber shares of any class of its capital stock or any securities convertible into, or any rights, warrants or options to acquire, any such shares; (v) acquire or make any investment in any business or other Person, whether by merger, consolidation, purchase of property or assets or otherwise; and/or, (vi) enter into any commitments or agreements to do any business or other Person, whether by merger, consolidation, purchase of property or assets or otherwise;

Operations of Company. (a) Company Olivia covenants for itself that, after the date hereof and prior to the Closing (unless Seller shall otherwise approve in writing or required by applicable law) Company shall not: (i) conduct any business; (ii) (A) amend its certificate of incorporation or by-laws, or adopt any stockholders’ rights plan or enter into any agreement with any of its stockholders in their capacity as such, (B) split, combine, subdivide or reclassify its outstanding shares of its capital, (C) declare, set aside, make or pay any dividend or distribution payable in cash, stock or property in respect of any of its capital stock, or, (D) repurchase, redeem or otherwise acquire to purchase, redeem or otherwise acquire, any shares of its capital stock; (iii) take or fail to take any action that would (A) cause any of its representations and warranties herein to become inaccurate or misleading in any material respect; (iv) issue, deliver, sell or encumber shares of any class of its capital stock or any securities convertible into, or any rights, warrants or options to acquire, any such shares; (v) acquire or make any investment in any business or other Person, whether by merger, consolidation, purchase of property or assets or otherwise; and/or, (vi) enter into any commitments or agreements to do any business or other Person, whether by merger, consolidation, purchase of property or assets or otherwise;