Common use of Preservation of the Business; Maintenance of Properties, Contracts Clause in Contracts

Preservation of the Business; Maintenance of Properties, Contracts. Use commercially reasonable best efforts to preserve the business of the Company, to develop, commercialize and pursue regulatory approvals for the Company’s product candidates and products and to advertise, promote and market the products of the Company and the Company Subsidiaries, and use commercially reasonable best efforts to keep the Company’s properties substantially intact, to preserve its goodwill and business, to maintain all physical properties in such operating condition as will permit the conduct of the Company’s business on a basis consistent with past practice, and to perform and comply in all material respects with the terms of the contracts referred to in Section 3.11;

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Somanetics Corp), Agreement and Plan of Merger (Somanetics Corp), Agreement and Plan of Merger (Covidien PLC)

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Preservation of the Business; Maintenance of Properties, Contracts. Use commercially reasonable best efforts to preserve the business of the Company, to develop, commercialize and pursue regulatory approvals for the Company’s product candidates and products and to advertise, promote and market the products of the Company and the Company Subsidiaries, and use commercially reasonable best efforts to keep the Company’s properties substantially intact, to preserve its goodwill and business, to maintain all physical properties in such operating condition as will permit the conduct of the Company’s business on a basis consistent with past practice, and to perform and comply in all material respects with the terms of the contracts referred to in Section 3.11;.

Appears in 3 contracts

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

Preservation of the Business; Maintenance of Properties, Contracts. Use commercially reasonable best commercial efforts to preserve the business of the Company, to develop, commercialize and pursue regulatory approvals for the Company’s product candidates and products and to advertise, promote and market the products of the Company and the Company SubsidiariesCompany’s products, and use commercially reasonable best commercial efforts to keep the Company’s properties substantially intact, to preserve its goodwill and business, to maintain all physical properties in such operating condition as will permit the conduct of the Company’s business on a basis consistent with past practice, and to perform and comply in all material respects with the terms of the contracts referred to in Section 3.11;

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bone Care International Inc), Agreement and Plan of Merger (Genzyme Corp)

Preservation of the Business; Maintenance of Properties, Contracts. Use commercially reasonable best efforts to preserve the business of the Company, to develop, commercialize and pursue regulatory approvals for the Company’s product candidates and products and to advertise, promote and market the products of the Company and the Company Subsidiaries, and use commercially reasonable best commercial efforts to keep the Company’s properties substantially intact, to preserve its goodwill and business, to maintain all physical properties in such operating condition as will permit the conduct of the Company’s business on a basis consistent with past practice, and to perform and comply in all material respects with the terms of the contracts referred to in Section 3.11;.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bioenvision Inc), Agreement and Plan of Merger (Genzyme Corp)

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Preservation of the Business; Maintenance of Properties, Contracts. Use commercially reasonable best efforts to preserve the business of the CompanyBusiness, to develop, commercialize and pursue any regulatory approvals for products of the Company’s product candidates Company and products the Subsidiaries and to advertise, promote and market the products of the Company and the Company Subsidiaries, and use commercially reasonable best efforts to keep the Company’s and the Subsidiaries’ properties substantially intact, to preserve its goodwill and business, to maintain all physical properties in such operating condition as will permit the conduct of the Company’s business Business on a basis consistent with past practice, and to perform and comply in all material respects with the terms of the contracts referred to in Section 3.11Material Contracts;

Appears in 1 contract

Samples: Agreement and Plan of Merger (School Specialty Inc)

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