Common use of Prohibited Actions Pending Closing Clause in Contracts

Prohibited Actions Pending Closing. Unless otherwise provided for herein or approved by Acquired Corp in writing, from the date hereof until the Closing, Parent shall not, and shall cause Acquiring Corp not to: (a) issue or sell or authorize for issuance or sale, or grant any options or make other agreements with respect to, any shares of its capital stock or any other of its securities; (b) increase the number of shares eligible for grant under its option plan; (c) declare, set aside, make or pay any dividend or other distribution payable in cash, stock, property or otherwise with respect to any of its capital stock; (d) mortgage, pledge or subject to Lien, any of its assets or properties or agree to do so except for Permitted Liens; (e) take any action, other than in the ordinary course of business and consistent with past practice, with respect to accounting policies or procedures (including, without limitation, procedures with respect to the payment of accounts payable and collection of accounts receivables); or (f) announce an intention, commit or agree to do any of the foregoing.

Prohibited Actions Pending Closing. Unless otherwise provided for herein or approved by Acquired Corp Diomed in writing, from the date hereof until the Closing, Parent shall not, and shall cause Acquiring Corp Acquisition not to: (a) issue or sell or authorize for issuance or sale, or grant any options or make other agreements with respect to, any shares of its capital stock or any other of its securities; (b) increase the number of shares eligible for grant under its option plan; (c) declare, set aside, make or pay any dividend or other distribution payable in cash, stock, property or otherwise with respect to any of its capital stock; (d) mortgage, pledge or subject to Lien, any of its assets or properties or agree to do so except for Permitted Liens; (e) take any action, other than in the ordinary course of business and consistent with past practice, with respect to accounting policies or procedures (including, without limitation, procedures with respect to the payment of accounts payable and collection of accounts receivables); or (f) announce an intention, commit or agree to do any of the foregoing.