Common use of Preservation of Personnel Clause in Contracts

Preservation of Personnel. Except for actions taken in the ordinary course of business consistent with past practice, use commercially reasonable efforts to keep available the services of present key employees of the Company and the Company Subsidiaries;

Appears in 3 contracts

Samples: Merger Agreement (Covidien PLC), Merger Agreement (Power Medical Interventions, Inc.), Merger Agreement (Covidien Delaware Corp.)

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Preservation of Personnel. Except for actions taken in the ordinary course of business Use commercially reasonable efforts, consistent with past practice, use commercially reasonable efforts to preserve intact and keep available the services of present key employees employees, consultants, independent contractors and executive officers of the Company and the Company Subsidiaries;; provided that the Company shall not be obligated to increase compensation of any employee or take any action inconsistent with this Section 5.1.

Appears in 3 contracts

Samples: Merger Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Adolor Corp), Merger Agreement (Cubist Pharmaceuticals Inc)

Preservation of Personnel. Except for actions taken in the ordinary course of business consistent with past practice, use commercially Use reasonable commercial efforts to preserve intact and keep available the services of present key employees of the Company and the Company Subsidiaries;

Appears in 3 contracts

Samples: Merger Agreement (Onstream Media CORP), Merger Agreement (Narrowstep Inc), Merger Agreement (Antigenics Inc /De/)

Preservation of Personnel. Except for actions taken in the ordinary course of business consistent with past practicepractices, use commercially reasonable best efforts to preserve intact and keep available the services of present key employees of the Company and the Company Subsidiaries; provided, however that nothing in this Section 5.1(a)(i) shall prevent the Company or any Company Subsidiary from terminating the employment of any officer or employee for cause, as determined by the Company or Company Subsidiary, as applicable;

Appears in 3 contracts

Samples: Merger Agreement (Somanetics Corp), Merger Agreement (Somanetics Corp), Merger Agreement (Covidien PLC)

Preservation of Personnel. Except for actions taken in the ordinary course of business consistent with past practicepractices, use commercially reasonable efforts to preserve intact and keep available the services of present key employees of the Company and the Company Subsidiaries;

Appears in 3 contracts

Samples: Merger Agreement (Covidien PLC), Merger Agreement (Vnus Medical Technologies Inc), Merger Agreement (Covidien Group S.a.r.l.)

Preservation of Personnel. Except for actions taken in the ordinary course Ordinary Course of business consistent with past practiceBusiness, use commercially reasonable efforts to preserve intact and keep available the services of present key employees of the Company and the Company its Subsidiaries;

Appears in 3 contracts

Samples: Merger Agreement (Aspect Medical Systems Inc), Merger Agreement (Covidien PLC), Merger Agreement (Aspect Medical Systems Inc)

Preservation of Personnel. Except for actions taken in the ordinary course of business consistent with past practice, use commercially Use its reasonable commercial efforts to preserve intact and keep available the services of present key employees of the Company and the Company Subsidiaries;

Appears in 2 contracts

Samples: Merger Agreement (Bioenvision Inc), Merger Agreement (Genzyme Corp)

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Preservation of Personnel. Except for actions taken in the ordinary course of business consistent with past practice, use commercially Use reasonable commercial efforts to preserve intact its business organization and keep available the services of present key employees of the Company and the Company Subsidiaries;employees, in each case in accordance with past practice.

Appears in 1 contract

Samples: Merger Agreement (Ascential Software Corp)

Preservation of Personnel. Except for actions taken in the ordinary course of business Use reasonable commercial efforts consistent with the Company’s past practice, use commercially reasonable efforts practices to preserve intact its Business organization and keep available the services of present key employees of the Company and the Company Subsidiaries;employees, in each case in accordance with past practice.

Appears in 1 contract

Samples: Purchase Agreement (Banks.com, Inc.)

Preservation of Personnel. Except for actions taken in the ordinary course of business consistent with past practice, use Use commercially reasonable efforts to preserve intact and keep available the services of present key employees and consultants of the Company and the Company Company’s Subsidiaries;

Appears in 1 contract

Samples: Merger Agreement (Elbit Vision Systems LTD)

Preservation of Personnel. Except for actions taken in the ordinary course of business consistent with past practice, use commercially Use reasonable efforts to ------------------------- preserve intact and keep available the services of the Company's or the Subsidiaries' present key employees of the Company and the Company Subsidiariesmanagement employees;

Appears in 1 contract

Samples: Stock Purchase Agreement (Outdoor Communications Inc /De/)

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