SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. Seller agree that between the date of this Agreement and the date of closing, Seller will:
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. Seller agrees that between the date of this Agreement and the date of closing, Seller will:
8.1.1 Use its best efforts to preserve its business organization and preserve the continued operation of its business with its customers, suppliers, and others having business relations with Seller;
8.1.2 Not assign, sell, lease or otherwise transfer or dispose of any of the assets listed in Schedule "A", except to Buyer;
8.1.3 Maintain all of its purchased Assets other than inventories in their present conditions, reasonable wear and tear and ordinary usage excepted and maintain the inventories at levels normally maintained.
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. The Seller agrees that between the date of this Agreement and the Closing Date, the Seller will:
6.1.1 Continue to operate the business that is the subject of this Agreement in the usual and ordinary course and in substantial conformity with all applicable laws, ordinances, regulations, rules, or orders, and will use its best efforts to preserve its business organization and preserve the continued operation of its business with its customers, suppliers, and others having business relations with the Seller.
6.1.2 Not assign, sell, lease, or otherwise transfer or dispose of any of the assets used in the performance of its business, whether now owned or hereafter acquired, except in the normal and ordinary course of business and in connection with its normal operation.
6.1.3 Maintain all of its assets other than inventories in its present condition, reasonable wear and tear and ordinary usage excepted, and maintain the inventories at levels normally maintained.
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. The Seller agrees that between the Execution Date and the Closing Date (the “Interim Period”), the Seller will:
10.1.1 Continue to operate and maintain the Assets that are the subject of this Agreement in the usual and ordinary course and in substantial conformity with all applicable laws, ordinances, regulations, rules or orders, and will use its best efforts to preserve the Assets and preserve the Assets with its customers, suppliers and others having business relations with the Seller.
10.1.2 Not assign, sell, lease or otherwise transfer, dispose or vary any of the Assets, whether now owned or hereafter acquired, except in the normal and ordinary course of business and in connection with its normal operation.
10.1.3 Maintain all of its Assets other than inventories in their present condition, reasonable wear and tear and ordinary usage excepted, and maintain the inventories at levels normally maintained.
10.1.4 Not engage any new Employee in the Business (save that the Seller may do so if such Employee’s contract of employment will not transfer to the Purchaser on or as a result of the Closing) or take any step to vary the contract of employment of any Employee or take any steps which would entitle any Employee to terminate his employment without notice or in circumstances amounting to constructive dismissal.
10.1.5 The Seller covenants with and undertakes to the Purchaser that it will as soon as reasonably practicable notify the Purchaser in writing of any matter or thing which arises and becomes known to it in the Interim Period which constitutes a breach of any of the Warranties set out in Section 14.
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. Seller represents that between December 3, 1996 and the closing date, Seller has: (a) operated the business that in the usual and ordinary course and in substantial conformity will all applicable laws, ordinances, regulation, rules, or orders, and has used its best efforts to preserve its business organization and preserve the continued operation of its business with its customers, suppliers, and others having business relations with Seller and b) not assigned, sold, leased, or otherwise transferred or disposed of any of the assets used in the performance of its business, whether now owned or hereafter acquired, except in the normal and ordinary course of business and in connection with its normal operation.
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. Seller shall (a) conduct the business in a reasonable and prudent manner in accordance with past practices; (b) engage (exclusively with respect to the business) in no transactions out of the ordinary course of business, without the prior consent of Buyer, not to be unreasonably withheld; and (c) use commercially reasonable efforts to preserve its existing business organization and the relationships it currently maintains with its employees, customers, and suppliers.
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. Seller agrees that between the date of this Agreement and the Closing Date, Seller will:
11.1.1. Continue to operate the business of the Appleton Facility that is the subject of this Agreement in the usual and ordinary course and in substantial conformity with all applicable laws, ordinances, regulations, rules, or orders.
11.1.2. Not assign, sell, lease, or otherwise transfer or dispose of any of the assets used in the conduct of its business at the Appleton Facility, whether now owned or hereafter acquired, except in the normal and ordinary course of business and in connection with its normal operation.
11.1.3. Maintain all of its assets other than inventories in their present condition, reasonable wear and tear and ordinary usage excepted, and maintain the inventories at levels normally maintained.
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. Seller and Selling Shareholder agree that between the date of this Agreement and the Closing Date, Seller will:
8.1.1 Continue to operate the ISPs in the usual and ordinary course and in substantial conformity with all applicable laws, ordinances, regulations, rules, or orders, and will use its best efforts to preserve the business organization and continued operation of the ISPs with its customers, suppliers, and others having business relations with Seller.
8.1.2 Not assign, sell, lease, or otherwise transfer or dispose of any of the Assets used in the ISPs, whether now owned or hereafter acquired, except in the normal and ordinary course of business and in connection with its normal operation.
8.1.3 Maintain all the Assets of the ISPs, other than inventories, in their present condition, reasonable wear and tear and ordinary usage excepted, and maintain the inventories at levels normally maintained.
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. The Seller and WE JAC agree that, between the date of this Agreement and the Closing Date, the Seller will:
9.1.1 Continue to operate the business that is the subject of this Agreement in the usual and ordinary course and in substantial conformity with all applicable laws, ordinances, regulations, rules, or orders, and will use its best efforts to preserve its business organization and preserve the continued operation of its business with its customers, suppliers, and others having business relations with the Seller.
9.1.2 Not assign, sell, lease, or otherwise transfer or dispose of any of the assets used in the performance of its business, whether now owned or hereafter acquired, except in the normal and ordinary course of business and in connection with its normal operation.
9.1.3 Maintain all of its assets other than inventories in their present condition, reasonable wear and tear and ordinary usage excepted, and maintain the inventories at levels normally maintained.
9.1.4 Not incur any liabilities other than those necessary for the continued short-term operation of the business without prior written notice to Purchaser.
SELLER'S OPERATION OF BUSINESS PRIOR TO CLOSING. Seller agrees that between the date of this Agreement and the Closing, Seller will not assign, sell, lease, or otherwise transfer or dispose of any of the Assets, except in the normal and ordinary course of business and in connection with its normal operation.
