Common use of Ordinary Course Clause in Contracts

Ordinary Course. (i) Oryx and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 shall be deemed a breach of this Section 4.2(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practice.

Ordinary Course. (i) Oryx PNU and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx PNU or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 4.1 shall be deemed a breach of this Section 4.2(a)(i4.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.1(e), PNU shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practicepractice and which, together with all such expenditures incurred or committed since December 1, 1999, are not in excess of the amounts set forth in Section 4.1(a) of the PNU Disclosure Schedule.

Ordinary Course. (i) Oryx Regis and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respectscourse, in substantially the same manner as heretofore conducted, and and, except in respect of any matters of the type described in clause (ii)(B) of the definition of Material Adverse Effect, shall use all their reasonable best efforts to preserve intact their present lines of businessbusiness organizations, maintain their rights material rights, licenses and franchises permits, keep available the services of their current officers and other key employees and preserve their relationships with customers, suppliers franchises and others having business dealings with them to the end that their ongoing businesses and goodwill shall not be materially impaired in any material respect at the Effective Time; provided, however, that no action by Oryx or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 shall be deemed a breach of this Section 4.2(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 6.1(e) or investments permitted by Section 6.1(g), Regis shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith with any capital expenditures other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practice.

Ordinary Course. (i) Oryx ACCO and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respectscourse, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines business organizations, keep available the services of business, maintain their rights current officers and franchises other key employees and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be materially impaired in any material respect at the Effective Time; provided, however, that no action by Oryx ACCO or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 6.2 shall be deemed a breach of this Section 4.2(a)(i6.2(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 6.2(e) or investments permitted by Section 6.2(g), ACCO shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith with any capital expenditures other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practice.

Ordinary Course. (i) Oryx AHP and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx AHP or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 4.1 shall be deemed a breach of this Section 4.2(a)(i4.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.1(e), AHP shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practicepractice and which, together with all such expenditures incurred or committed since January 1, 1998, are not in excess of the amounts set forth in Section 4.1(a) of the AHP Disclosure Schedule.

Ordinary Course. (i) Oryx Monsanto and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx Monsanto or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 shall be deemed a breach of this Section 4.2(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.2(e), Monsanto shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practicepractice and which, together with all such expenditures incurred or committed since January 1, 1998, are not in excess of the amounts set forth in Section 4.2(a) of the Monsanto Disclosure Schedule.

Ordinary Course. (i) Oryx GBC and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respectscourse, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines business organizations, keep available the services of business, maintain their rights current officers and franchises other key employees and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be materially impaired in any material respect at the Effective Time; provided, however, that no action by Oryx GBC or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 6.1 shall be deemed a breach of this Section 4.2(a)(i6.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 6.1(e) or investments permitted by Section 6.1(g), GBC shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith with any capital expenditures other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practice.

Ordinary Course. (i) Oryx America Online and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all its reasonable best efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx America Online or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 5.1 shall be deemed a breach of this Section 4.2(a)(i5.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 5.1(e) or investments permitted by Section 5.2(g), America Online shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practice.

Ordinary Course. (i) Oryx The Company and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable best efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Timethem; provided, however, that no action by Oryx the Company or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 shall be deemed a breach of this Section 4.2(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.2(e), the Company shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith therewith, incurred or committed to in the ordinary course of business consistent with past practicepractice and which, together with all such expenditures incurred or committed since January 1, 2000, are not in excess of the amounts set forth in Section 4.2(a) of the Company Disclosure Schedule.

Ordinary Course. (i) Oryx SPSS and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx SPSS or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 4.1 shall be deemed a breach of this Section 4.2(a)(i4.1 (a) (1) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.1 (e), SPSS shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practicepractice and which, together with all such expenditures incurred or committed since September 30, 2000, are not in excess of the amounts set forth in Section 4.1 (a) of the SPSS Disclosure Schedule.

Ordinary Course. (i) Oryx Kerr-McGee and its Subsidiaries shall carry on their respective businesses in the usualxxx xxxxx, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx Kerr-McGee or its Subsidiaries with respect to matters specifically addressed by any other xx xxx xxxer provision of this Section 4.2 4.1 shall be deemed a breach of this Section 4.2(a)(i4.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.1(e), Kerr-McGee shall not, and shall not permit xxxxxx any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practice.

Ordinary Course. (i) Oryx AHP and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx AHP or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 4.1 shall be deemed a breach of this Section 4.2(a)(i4.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.1(e), AHP shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practicepractice and which, together with all such expenditures incurred or committed since January 1, 1999, are not in excess of the amounts set forth in Section 4.1(a) of the AHP Disclosure Schedule.

Ordinary Course. (i) Oryx Xxxx-XxXxx and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx Xxxx-XxXxx or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 4.1 shall be deemed a breach of this Section 4.2(a)(i4.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.1(e), Xxxx-XxXxx shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practice.

Ordinary Course. (i) Oryx Adaptive and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all its reasonable best efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them and retain the services of their respective officers and key employees and consultants, to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 shall be deemed a breach of this Section 4.2(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.2(e) or investments permitted by Section 4.2(g), Adaptive shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith non-material amounts incurred or committed to in the ordinary course of business consistent with past practice.

Ordinary Course. (i) Oryx Pfizer and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx Pfizer or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 4.1 shall be deemed a breach of this Section 4.2(a)(i4.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. (ii) Oryx Other than in connection with acquisitions permitted by Section 4.1(e), Pfizer shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practicepractice and which, together with all such expenditures incurred or committed since January 1, 2000, are not in excess of the amounts set forth in Section 4.1(a) of the Pfizer Disclosure Schedule.

Ordinary Course. (i) Oryx Pfizer and its Subsidiaries shall carry on their respective businesses in the usual, regular and ordinary course in all material respects, in substantially the same manner as heretofore conducted, and shall use all reasonable efforts to preserve intact their present lines of business, maintain their rights and franchises and preserve their relationships with customers, suppliers and others having business dealings with them to the end that their ongoing businesses shall not be impaired in any material respect at the Effective Time; provided, however, that no action by Oryx Pfizer or its Subsidiaries with respect to matters specifically addressed by any other provision of this Section 4.2 4.1 shall be deemed a breach of this Section 4.2(a)(i4.1(a)(i) unless such action would constitute a breach of one or more of such other provisions. . (ii) Oryx Other than in connection with acquisitions permitted by Section 4.1(e), Pfizer shall not, and shall not permit any of its Subsidiaries to, (A) enter into any new material line of business or (B) incur or commit to any capital expenditures or any obligations or liabilities in connection therewith other than capital expenditures and obligations or liabilities in connection therewith incurred or committed to in the ordinary course of business consistent with past practice.practice and which, together with all such expenditures incurred or committed since January 1, 2000, are not in excess of the amounts set forth in Section 4.1(a) of the Pfizer Disclosure Schedule. (b)