Common use of Conduct to Date Clause in Contracts

Conduct to Date. From and after May 31, 2000 through the date of this Agreement, except for entering into this Agreement and performing its obligations hereunder, and except as disclosed in Section 2.21 of the Disclosure Schedule, Inotek has not done the following: (i) failed to conduct its business in the ordinary and usual course consistent with past practices; (ii) issued, sold, granted, conferred or awarded any common or other stock, or any corporate debt securities properly classified under generally accepted accounting principles applied on a consistent basis as long-term debt; (iii) effected any stock split or adjusted, combined, reclassified or otherwise changed its capitalization; (iv) declared, set aside or paid any cash or stock dividend or other distribution in respect of its capital stock, or purchased, redeemed, retired, repurchased, or exchanged, or otherwise directly or indirectly acquired or disposed of any of its capital stock; (v) incurred any material obligation or liability (absolute or contingent), except as contemplated by Section 4.01(f)(i)(A), (B) and (C) hereof and normal trade or business obligations or liabilities incurred in the ordinary course of business, or subjected to lien any of its assets or properties other than in the ordinary course of business consistent with past practice and as properly reflected in Inotek's books and records; (vi) discharged or satisfied any material lien or paid any material obligation or liability (absolute or contingent), other than in accordance with its terms in the ordinary course of business, except as contemplated by Section 4.01(f)(i)(A), (B) and (C) hereof; (vii) sold, assigned, transferred, leased, exchanged, or otherwise disposed of any of its properties or assets other than for a fair consideration in the ordinary course of business; (viii) except as required by contract, (A) increased the rate of compensation of, or paid any bonus to, any of its directors, officers, or other employees, except merit or promotion increases in accordance with existing policy, (B) except as contemplated by Section 4.01(f)(i)(C) hereof, entered into any new, or amended or supplemented any existing, employment, management, consulting, deferred compensation, severance or other similar contract, (C) entered into, terminated or substantially modified any of the Employee Plans or (D) except as contemplated by Section 4.01(f)(i)(C) hereof, agreed to do any of the foregoing; (ix) suffered any material damage, destruction or loss, whether as the result of fire, explosion, earthquake, accident, casualty, labor trouble, taking of property by any governmental authority, flood, windstorm, embargo, riot, act of God, act of war or other casualty or event, whether or not covered by insurance; (x) canceled or compromised any debt, except for debts charged off or compromised in accordance with past practice; (xi) entered into any material transaction, contract or commitment outside the ordinary course of its business; or (xii) made or guaranteed any loan to any of the Employee Plans.

Conduct to Date. From and after May 31June 30, 2000 1996 through the date of this Agreement, except for entering into this Agreement and performing its obligations hereunder, and except as disclosed in Section 2.21 of the Disclosure Schedule, Inotek has not done the following: set forth on Schedule 2.17: (i) failed to conduct ▇▇▇▇▇ has conducted its business respective businesses in the ordinary and usual course consistent with past practices; ; (ii) ▇▇▇▇▇ has not issued, sold, granted, conferred or awarded any common or other stock, of its Equity Securities or any corporate debt securities properly which would be classified under generally accepted accounting principles applied GAAP as long term debt on a consistent basis as long-term debt; the Balance Sheet of ▇▇▇▇▇; (iii) ▇▇▇▇▇ has not effected any stock split or adjusted, combined, reclassified or otherwise changed its capitalization; ; (iv) ▇▇▇▇▇ has not declared, set aside or paid any cash or stock dividend or other distribution in respect of its capital stock, or purchased, redeemed, retired, repurchased, or exchanged, or otherwise directly or indirectly acquired or disposed of of, directly or indirectly, any of its capital stock; Equity Securities, whether pursuant to the terms of such Equity Securities or otherwise; (v) ▇▇▇▇▇ has not incurred any material obligation or liability (absolute or contingent), except as contemplated by Section 4.01(f)(i)(A), (B) and (C) hereof and normal trade or business obligations or liabilities incurred in the ordinary course of business, or subjected to lien Lien any of its assets or properties other than in the ordinary course of business consistent with past practice and as properly reflected in Inotek's books and records; business, (vi) ▇▇▇▇▇ has not discharged or satisfied any material lien Lien or paid any material obligation or liability (absolute or contingent), other than in accordance with its terms in the ordinary course of business, except as contemplated by Section 4.01(f)(i)(A), (B) and (C) hereof; ; (vii) ▇▇▇▇▇ has not sold, assigned, transferred, leased, exchanged, or otherwise disposed of any of its properties or assets other than for a fair consideration (in the reasonable opinion of management) and in the ordinary course of business; ; (viii) except as required by contract, ▇▇▇▇▇ has not (A) increased the rate of compensation of, or paid any bonus to, any of its directors, officers, or other employees, except merit or promotion increases applicable to individual employees and annual increases applicable to employees generally, all in accordance with existing policypast practice, (B) except as contemplated by Section 4.01(f)(i)(C) hereof, entered into any new, or amended or supplemented any existing, employment, management, consulting, deferred compensation, severance severance, or other similar contract, (C) entered into, terminated terminated, or substantially modified any of the ▇▇▇▇▇ Employee Plans or (D) except as contemplated by Section 4.01(f)(i)(C) hereof, agreed to do any of the foregoing; ; (ix) ▇▇▇▇▇ has not suffered any material damage, destruction destruction, or loss, whether as the result of fire, explosion, earthquake, accident, casualty, labor trouble, requisition, or taking of property by any governmental authorityRegulatory Authority, flood, windstorm, embargo, riot, act of GodGod or the enemy, act of war or other casualty or event, and whether or not covered by insurance; ; (x) other than in the ordinary course of business consistent with past practice, ▇▇▇▇▇ has not canceled or compromised any debt, except for debts charged off or compromised in accordance with past practice; ; (xi) ▇▇▇▇▇ has not entered into any material transaction, contract or commitment outside the ordinary course of its business; or business and (xii) ▇▇▇▇▇ has not made or guaranteed any loan to any of the ▇▇▇▇▇ Employee Plans.

Conduct to Date. From and after May 31September 30, 2000 1996, through the date of this Agreement, except for entering into this Agreement and performing its obligations hereunder, and except as disclosed set forth on Schedule 2.18 or in Section 2.21 of the Disclosure Schedule, Inotek has not done the following: EXXE Financial Statements: (i) failed to conduct its business EXXE and the EXXE Subsidiaries have conducted their respective businesses in the ordinary and usual course consistent with past practices; ; (ii) neither EXXE nor any EXXE Subsidiary has issued, sold, granted, conferred or awarded any common or other stockof its Equity Securities, or any corporate debt securities properly which would be classified under generally accepted accounting principles applied on a consistent basis GAAP as long-term debt; debt on the consolidated balance sheets of EXXE; (iii) EXXE has not effected any stock split or adjusted, combined, reclassified or otherwise changed its capitalization; ; (iv) EXXE has not declared, set aside or paid any cash or stock dividend or other distribution in respect of its capital stock, or purchased, redeemed, retired, repurchased, or exchanged, or otherwise directly or indirectly acquired or disposed of of, directly or indirectly, any of its capital stock; Equity Securities, whether pursuant to the terms of such Equity Securities or otherwise; (v) neither EXXE nor any EXXE Subsidiary has incurred any material obligation or liability (absolute or contingent), except as contemplated by Section 4.01(f)(i)(A), (B) and (C) hereof and normal trade or business obligations or liabilities incurred in the ordinary course of business, or subjected to lien Lien any of its assets or properties other than in the ordinary course of business consistent with past practice and as properly reflected in Inotek's books and records; practice; (vi) neither EXXE nor any EXXE Subsidiary has discharged or satisfied any material lien Lien or paid any material obligation or liability (absolute or contingent), other than in accordance with its terms in the ordinary course of business, except as contemplated by Section 4.01(f)(i)(A), (B) and (C) hereof; ; (vii) neither EXXE nor any EXXE Subsidiary has sold, assigned, transferred, leased, exchanged, or otherwise disposed of any of its properties or assets other than for a fair consideration in the ordinary course of business; ; (viii) except as required by contractcontract or law, neither EXXE nor any EXXE Subsidiary has (A) increased the rate of compensation of, or paid any bonus to, any of its directors, officers, or other employees, except merit or promotion increases in accordance with existing policypolicy and past practices, (B) except as contemplated by Section 4.01(f)(i)(C) hereof, entered into any new, or amended or supplemented any existing, employment, management, consulting, deferred compensation, severance severance, or other similar contract, (C) entered into, terminated terminated, or substantially modified any of the EXXE Employee Plans or (D) except as contemplated by Section 4.01(f)(i)(C) hereof, agreed to do any of the foregoing; ; (ix) neither EXXE nor any EXXE Subsidiary has suffered any material damage, destruction destruction, or loss, whether as the result of fire, explosion, earthquake, accident, casualty, labor trouble, requisition, or taking of property by any governmental authority, flood, windstorm, embargo, riot, act of GodGod or the enemy, act of war or other casualty or event, and whether or not covered by insurance; ; (x) neither EXXE nor any EXXE Subsidiary has canceled or compromised any debt, except for debts charged off or compromised in accordance with the past practice; practice of EXXE and the EXXE Subsidiaries; (xi) neither EXXE nor any EXXE Subsidiary has entered into any material transaction, contract or commitment outside the ordinary course of its business; or business and (xii) neither EXXE nor any EXXE Subsidiary has made or guaranteed any loan to any of the EXXE Employee Plans.

Conduct to Date. From and after May December 31, 2000 through the date of this Agreement2006, except for entering into this Agreement and performing its obligations hereunder, and except as disclosed in Section 2.21 2.18 of the Disclosure Schedule, Inotek neither Coast nor the Bank or any Coast Subsidiary has not done the following: (ia) failed to conduct its business in the ordinary and usual course consistent with past practices; (iib) issued, sold, granted, conferred or awarded any common or other stock, or any corporate debt securities properly classified under generally accepted accounting principles GAAP applied on a consistent basis as long-term debtdebt on the balance sheets of Coast or the Bank, other than securities issued and sold pursuant to Coast’s stock option and equity incentive plans; (iiic) effected any stock split or adjusted, combined, reclassified or otherwise changed its capitalization; (ivd) declared, set aside or paid any cash or stock dividend or other distribution in respect of its Coast’s capital stock, or purchased, redeemed, retired, repurchased, or exchanged, or otherwise directly or indirectly acquired or disposed of any of its capital stock; (ve) incurred any material obligation or liability (absolute or contingent), except as contemplated by Section 4.01(f)(i)(A), (B) and (C) hereof and normal trade or business obligations or liabilities incurred in the ordinary course of business, or subjected to lien any of its assets or properties (except for Permitted Liens), other than in the ordinary course of business consistent with past practice and as properly reflected (it being understood in Inotek's books and recordseach case, with reference to the Bank, that in the ordinary course of business includes, among other things, Ordinary Banking Arrangements); (vif) discharged or satisfied any material lien or paid any material obligation or liability (absolute or contingent), other than in accordance with its terms in the ordinary course of business, except as contemplated by Section 4.01(f)(i)(A), (B) and (C) hereof; (viig) sold, assigned, transferred, leased, exchanged, or otherwise disposed of any of its material properties or assets other than for a fair consideration in the ordinary course of business; (viiih) except as required by contract, contract (Ai) increased the rate of compensation of, or paid any bonus to, any of its directors, officers, or other employees, except merit or promotion increases in accordance with existing policypolicies, (Bii) except as contemplated by Section 4.01(f)(i)(C) hereof, entered into any new, or amended or supplemented any existing, employment, management, consulting, deferred compensation, severance or other similar contract, (Ciii) entered into, terminated or substantially modified any of the Employee Plans or (Div) except as contemplated by Section 4.01(f)(i)(C) hereof, agreed to do any of the foregoing; (ixi) suffered any material damage, destruction or loss, whether as the result of fire, explosion, earthquake, accident, casualty, labor trouble, taking of property by any governmental authority, flood, windstorm, embargo, riot, act of God, act of war or other casualty or event, whether or not covered by insurance; (xj) canceled or compromised any debt, except for debts charged off or compromised debt of Coast in accordance with past practiceexcess of $25,000; (xik) entered into any material transaction, contract or commitment outside of the ordinary course of its business, except for such contracts or commitments that relate to or related to the Cease and Desist Order or the Stipulation or the workout of loans involving the building activities of CCI or its affiliated entities; or (xiil) made or guaranteed any loan to any of the Employee Plans.