Common use of Use of Assets Clause in Contracts

Use of Assets. Seller agrees that from the Effective Date until the Closing Date that, except as specifically disclosed in Schedule 6.1 as of the Effective Date or unless otherwise consented to by Buyer in writing, Seller shall: 6.1.1 maintain the Assets in good status and condition normal wear and tear excepted and not sell or dispose of any Assets except sales of Product in the ordinary course of business; 6.1.2 not make or institute any unusual or novel methods of purchase, sale, management, operation, or other business practice with regard to the Assets; 6.1.3 not enter into any material contract or commitment, engage in any transaction, extend credit or incur any obligation with respect to the Assets, outside of the ordinary course of business; 6.1.4 not engage in any special pricing, rebate, allowance, promotional or marketing programs inconsistent with past practices or for the purpose of maintaining customer inventory levels of Product in excess of those levels maintained in the past; and 6.1.5 promptly inform Buyer of any change in the Assets that could have a Material Adverse Effect. 6.1.6 not act or omit to take any act which will cause a material breach of any agreement impacting the Assets which would have a Material Adverse Effect. 6.1.7 maintain insurance covering the Assets in such amounts and of such kinds as are comparable to that in effect on the date of this Agreement, if any; 6.1.8 shall not incur any indebtedness or liability which will or likely would create a lien or other encumbrance against any of the Assets;

Use of Assets. Seller agrees that from the Effective Date until the Closing Date that, except as specifically disclosed in Schedule 6.1 as of the Effective Date or unless otherwise consented to by Buyer in writing, Seller shall: 6.1.1 maintain the Assets in good status and condition normal wear and tear excepted and not sell or dispose of any Assets except sales of Product Products in the ordinary course of business; 6.1.2 not make or institute any unusual or novel methods of purchase, sale, management, operation, or other business practice with regard to the Assets; 6.1.3 not enter into any material contract or commitment, engage in any transaction, extend credit or incur any obligation with respect to the Assets, outside of the ordinary course of business; 6.1.4 not engage in any special pricing, rebate, allowance, promotional or marketing programs inconsistent with past practices or for the purpose of maintaining customer inventory levels of Product in excess of those levels maintained in the past; and 6.1.5 promptly inform Buyer of any change in the Assets that could have a Material Adverse Effect. 6.1.6 not act or omit to take any act which will cause a material breach of any agreement impacting the Assets which would have a Material Adverse Effect. 6.1.7 maintain insurance covering the Assets in such amounts and of such kinds as are comparable to that in effect on the date of this Agreement, if any; 6.1.8 shall not incur any indebtedness or liability which will or likely would create a lien or other encumbrance against any of the Assets;