Common use of Conduct of Business in the Ordinary Course Clause in Contracts

Conduct of Business in the Ordinary Course. Except as expressly contemplated in this Agreement, since the date of establishment of the Target Company, the Business has been conducted only in the Ordinary Course and in conformity with past practice. Without limiting the generality of the foregoing, the Target Company has not: 3.9.1 Created any Encumbrance on any asset; 3.9.2 Sold, leased or transferred or agreed to sell, lease or transfer any assets or rights with a gross book value in excess of ▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ than inventory sold or transferred in the Ordinary Course; 3.9.3 Canceled or agreed to cancel any debts or claims, waived or agreed to waive any rights of value, or allowed to lapse or failed to keep in force any franchise, permit or other right, in each case involving an amount in excess of ▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇; 3.9.4 Made or permitted any amendment or termination of any contract, agreement or license involving an amount in excess of ▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇; 3.9.5 Undertaken or committed to undertake capital expenditures exceeding ▇▇▇ ▇▇ thousand for any single project or related series of projects; 3.9.6 Increased the compensation paid or to become payable to any Officers or Employees, except for increases in the Ordinary Course consistent with past practice. 3.9.7 Undergone any adverse change in its relationship with suppliers, customers, distributors and lessors; 3.9.8 Instituted, settled or agreed to settle any litigation, action, or proceeding before any Governmental Authority relating to the Business or assets of the Target Company or otherwise affecting the conduct of the Business; or 3.9.9 Entered into or become committed to enter into any other transaction of a type not set forth above in excess of ▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇.

Appears in 1 contract

Sources: Equity Transfer Agreement (Wits Basin Precious Minerals Inc)

Conduct of Business in the Ordinary Course. Except as expressly contemplated in this Agreement, since the date of establishment of the Target Company, the Business has been conducted only in the Ordinary Course and in conformity with past practice. Without limiting the generality of the foregoing, the Target Company has not: 3.9.1 Created any Encumbrance on any asset; 3.9.2 Sold, leased or transferred or agreed to sell, lease or transfer any assets or rights with a gross book value in excess of R▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ than inventory sold or transferred in the Ordinary Course; 3.9.3 Canceled or agreed to cancel any debts or claims, waived or agreed to waive any rights of value, or allowed to lapse or failed to keep in force any franchise, permit or other right, in each case involving an amount in excess of R▇▇ ▇▇ ▇▇▇▇▇▇▇; 3.9.4 Made or permitted any amendment or termination of any contract, agreement or license involving an amount in excess of R▇▇ ▇▇ ▇▇▇▇▇▇▇; 3.9.5 Undertaken or committed to undertake capital expenditures exceeding R▇▇ ▇▇ thousand for any single project or related series of projects; 3.9.6 Increased the compensation paid or to become payable to any Officers or Employees, except for increases in the Ordinary Course consistent with past practice. 3.9.7 Undergone any adverse change in its relationship with suppliers, customers, distributors and lessors; 3.9.8 Instituted, settled or agreed to settle any litigation, action, or proceeding before any Governmental Authority relating to the Business or assets of the Target Company or otherwise affecting the conduct of the Business; or 3.9.9 Entered into or become committed to enter into any other transaction of a type not set forth above in excess of R▇▇ ▇▇ ▇▇▇▇▇▇▇▇.

Appears in 1 contract

Sources: Equity Transfer Agreement (Wits Basin Precious Minerals Inc)

Conduct of Business in the Ordinary Course. Except as expressly contemplated in this Agreement, since the date of establishment of the Target Company, the Business has been conducted only in the Ordinary Course and in conformity with past practice. Without limiting the generality of the foregoing, the Target Company has not: 3.9.1 Created any Encumbrance on any asset; 3.9.2 Sold, leased or transferred or agreed to sell, lease or transfer any assets or rights with a gross book value in excess of ▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ than inventory sold or transferred in the Ordinary Course; 3.9.3 Canceled or agreed to cancel any debts or claims, waived or agreed to waive any rights of value, or allowed to lapse or failed to keep in force any franchise, permit or other right, in each case involving an amount in excess of ▇▇▇ ▇▇ ▇▇▇▇▇▇▇; 3.9.4 Made or permitted any amendment or termination of any contract, agreement or license involving an amount in excess of ▇▇▇ ▇▇ ▇▇▇▇▇▇▇; 3.9.5 Undertaken or committed to undertake capital expenditures exceeding ▇▇▇ ▇▇ thousand for any single project or related series of projects; 3.9.6 Increased the compensation paid or to become payable to any Officers or Employees, except for increases in the Ordinary Course consistent with past practice. 3.9.7 Undergone any adverse change in its relationship with suppliers, customers, distributors and lessors; 3.9.8 Instituted, settled or agreed to settle any litigation, action, or proceeding before any Governmental Authority relating to the Business or assets of the Target Company or otherwise affecting the conduct of the Business; or 3.9.9 Entered into or become committed to enter into any other transaction of a type not set forth above in excess of ▇▇▇ ▇▇ ▇▇▇▇▇▇▇.

Appears in 1 contract

Sources: Equity Transfer Agreement (Wits Basin Precious Minerals Inc)