Common use of Operations of the Company Clause in Contracts

Operations of the Company. Except as set forth on Schedule 3.32, since the Balance Sheet Date the Company has not: (i) declared or paid any dividends or declared or made any other distributions of any kind to its shareholders, or made any direct or indirect redemption, retirement, purchase or other acquisition of any shares of its capital stock; (ii) except for short-term bank borrowings in the ordinary course of business, incurred any indebtedness for borrowed money; (iii) reduced its cash or short term investments or their equivalent, other than to meet cash needs arising in the ordinary course of business, consistent with past practices; (iv) waived any material right under any contract or other agreement of the type required to be set forth on any Schedule hereto; (v) made any material change in its accounting methods or practices or made any material change in depreciation or amortization policies or rates adopted by it; (vi) materially changed any of its business policies, including, without limitation, advertising, investment, marketing, pricing, purchasing, personnel, sales, returns, budget or product acquisition policies; (vii) made any wage or salary increase or bonus, or increase in any other direct or indirect compensation, or any payment or commitment to pay any severance or termination pay to any of its officers, directors, employees, consultants, agents or other representatives, or any accrual for or commitment or agreement to make or pay the same, in each case, other than to persons other than its officers, directors or shareholders made in the ordinary course of business; (viii) made any loan or advance to any of its shareholders, officers, directors, employees, consultants, agents or other representatives (other than travel advances made in the ordinary course of business), or made any other loan or advance other than in the ordinary course of business; (ix) except for inventory, supplies or equipment acquired in the ordinary course of business, made any acquisition of all or any part of the assets, properties, capital stock or business of any other person;

Operations of the Company. Except as set forth on Schedule 3.323.24 or on any other Schedule, since the Balance Sheet Date neither the Company has notnor any of the Subsidiaries has: (i) declared or paid any dividends or declared or made any other distributions of any kind to its shareholders, or made any direct or indirect redemption, retirement, purchase or other acquisition of any shares of its capital stock; (ii) except for short-term bank borrowings in the ordinary course of businessbusiness and except for borrowings with respect to the Project ▇▇▇▇▇▇▇ Hills Ninja, incurred any indebtedness for borrowed money; (iii) reduced its cash or short short-term investments or their equivalent, other than to meet cash needs arising in the ordinary course of business, consistent with past practicespractices and to pay year end employee bonuses which are set forth on Schedule 3.23; (iv) waived any material right under any contract or other agreement of the type required to be set forth on any Schedule heretoSchedule; (v) made any material change in its accounting methods or practices or made any material change in depreciation or amortization policies or rates adopted by it; (vi) materially changed any of its business policies, including, without limitation, advertising, investment, marketing, pricing, purchasing, production, personnel, sales, returns, budget or product acquisition policies, except as specifically set forth in the Company's Confidential Information Memorandum (dated March 1995), a copy of which was previously delivered to Metromedia; (vii) made any wage or salary increase or bonus, or increase in any other direct or indirect compensation, or any payment or commitment to pay any severance or termination pay to any of its officers, directors, employees, consultants, agents or other representatives, or any accrual for or commitment or agreement to make or pay the same, in each case, other than to persons other than its officers, directors or shareholders made in the ordinary course of business; (viii) made any loan or advance to any of its shareholders, officers, directors, employees, consultants, agents or other representatives (other than travel advances made in the ordinary course of businessbusiness for business travel and entertainment expenses), or made any other loan or advance other otherwise than in the ordinary course of business; ; (ixviii) except for the acquisition or disposition of inventory, supplies or equipment acquired or other Properties in the ordinary course of business, sold, abandoned or made any other disposition of any of its Properties or made any acquisition of all or any part of the assets, propertiesProperties, capital stock or business of any other person; (ix) paid, directly or indirectly, any of its material Liabilities before the same became due in accordance with its terms or otherwise than in the ordinary course of business; (x) terminated or failed to renew, or received any written threat (that was not subsequently withdrawn) to terminate or fail to renew, any contract or other agreement that is or was material to the business of the Company and the Subsidiaries taken as a whole; (xi) except with respect to certain transactions among the Company and its Subsidiaries as set forth on Schedule 3.24, amended its Articles of Incorporation or By-laws (or comparable instruments) or merged with or into or consolidated with any other Person, subdivided or in any way reclassified any shares of its capital stock or changed or agreed to change in any manner the rights of its outstanding capital stock or the character of its business; or (xii) except for the Company's "first look" deal with Paramount Pictures Corporation, the most recent copy of which and all material correspondence relating thereto has been provided to Metromedia, engaged in any other material transaction.

Operations of the Company. Except as set forth on Schedule 3.323.26, since the Balance Sheet Date the Company has not: (ia) declared or paid any dividends or declared or made any other distributions of any kind to its shareholders, or made any direct or indirect redemption, retirement, purchase or other acquisition of any shares of its capital stock; (iib) except for short-term bank borrowings in the ordinary course of business, incurred any indebtedness for borrowed money; (iiic) reduced its cash or short short-term investments or their equivalent, other than to meet cash needs arising in the ordinary course of business, consistent with past practices; (ivd) waived any material right under any contract Contract or other agreement of the type required to be set forth on any Schedule heretoSchedule; (ve) made any material change in its accounting methods or practices or made any material change in depreciation or amortization policies or rates adopted by it; (vif) materially changed any of its business policies, including, without limitation, including advertising, investment, marketing, pricing, purchasing, production, personnel, sales, returns, budget or product acquisition policies; (vii) made any wage or salary increase or bonus, or increase in any other direct or indirect compensation, or any payment or commitment to pay any severance or termination pay to any of its officers, directors, employees, consultants, agents or other representatives, or any accrual for or commitment or agreement to make or pay the same, in each case, other than to persons other than its officers, directors or shareholders made in the ordinary course of business; (viiig) made any loan or advance to any of its shareholders, officers, directors, employeesEmployees, consultants, agents or other representatives (other than travel advances made in the ordinary course of business), or made any other loan or advance other otherwise than in the ordinary course of business; ; (ixh) except for inventory, supplies inventory or equipment acquired in the ordinary course of business, sold, abandoned or made any other disposition of any of its properties or assets or made any acquisition of all or any part of the properties, assets, properties, capital stock or business of any other person; (i) paid, directly or indirectly, any of its material Liabilities before the same became due in accordance with its terms or otherwise than in the ordinary course of business; (j) terminated or failed to renew, or received any written threat to terminate or fail to renew, any Contract or other agreement that is or was material to the Condition of the Company; (k) amended its Articles of Incorporation or By-laws (or comparable instruments) or merged with or into or consolidated with any other person, subdivided or in any way reclassified any shares of its capital stock or changed or agreed

Operations of the Company. Except as set forth on Schedule 3.324.22, ------------------------- ------------- since the Balance Sheet Financial Statement Date the Company has not: (ia) other than forgiveness of inter-company debt and receivables between the Company and the Parent, declared or paid any dividends or declared or made any other distributions of any kind to its direct and indirect shareholders, or made any direct or indirect redemption, retirement, purchase or other acquisition of any shares of its capital stock; (iib) except for short-term bank borrowings in the ordinary course of business, incurred any indebtedness for borrowed money; (iiic) other than pursuant to cash sweeps in the ordinary course of business and consistent with past practices, reduced its cash or short short-term investments or their equivalent, other than to meet cash needs arising in the ordinary course of business, consistent with past practices; (ivd) waived any material right under any contract Scheduled Contract or other agreement of the type required to be set forth on any Schedule heretoSchedule; (ve) made any material change in its accounting methods or practices or made any material change in depreciation or amortization policies or rates adopted by it; (vif) materially changed any of its business policies, including, without limitationbut not limited to, advertising, investment, marketing, pricing, purchasing, production, personnel, sales, returns, budget or product acquisition policies; (vii) made any wage or salary increase or bonus, or increase in any other direct or indirect compensation, or any payment or commitment to pay any severance or termination pay to any of its officers, directors, employees, consultants, agents or other representatives, or any accrual for or commitment or agreement to make or pay the same, in each case, other than to persons other than its officers, directors or shareholders made in the ordinary course of business; (viiig) made any loan or advance to any of its shareholdersshareholder, officers, directors, employees, consultants, agents or other representatives (other than travel advances made in the ordinary course of business), or made any other loan or advance other otherwise than in the ordinary course of business; ; (ixh) except for inventory, supplies inventory or equipment acquired in the ordinary course of business, sold, abandoned or made any other disposition of any of its properties or assets or made any acquisition of all or any part of the assets, properties, capital stock or business of any other person; (i) paid, directly or indirectly, any of its material Liabilities before the same became due in accordance with its terms or otherwise than in the ordinary course of business; (j) terminated or failed to renew, or received any written threat (that was not subsequently withdrawn) to terminate or fail to renew, any Scheduled Contract or other agreement that is or was material to the Condition of the Companies; (k) amended its Certificate of Incorporation or By-laws (or comparable instruments) or merged with or into or consolidated with any other person, subdivided or in any way reclassified any shares of its capital stock or changed or agreed to change in any manner the rights of its outstanding capital stock or the character of its business; or (l) engaged in any other material transaction other than in the ordinary course of business.

Operations of the Company. Except as set forth on Schedule 3.323.26, since the Balance Sheet Date the Company has not: (ia) declared or paid any dividends or declared or made any other distributions of any kind to its shareholders, or made any direct or indirect redemption, retirement, purchase or other acquisition of any shares of its capital stock; (iib) except for short-term bank borrowings in the ordinary course of business, incurred any indebtedness for borrowed money; (iiic) reduced its cash or short short-term investments or their equivalent, other than to meet cash needs arising in the ordinary course of business, consistent with past practices; (ivd) waived any material right under any contract Contract or other agreement of the type required to be set forth on any Schedule heretoSchedule; (ve) made any material change in its accounting methods or practices or made any material change in depreciation or amortization policies or rates adopted by it; (vif) materially changed any of its business policies, including, without limitation, including advertising, investment, marketing, pricing, purchasing, production, personnel, sales, returns, budget or product acquisition policies; (vii) made any wage or salary increase or bonus, or increase in any other direct or indirect compensation, or any payment or commitment to pay any severance or termination pay to any of its officers, directors, employees, consultants, agents or other representatives, or any accrual for or commitment or agreement to make or pay the same, in each case, other than to persons other than its officers, directors or shareholders made in the ordinary course of business; (viiig) made any loan or advance to any of its shareholders, officers, directors, employeesEmployees, consultants, agents or other representatives (other than travel advances made in the ordinary course of business), or made any other loan or advance other otherwise than in the ordinary course of business; ; (ixh) except for inventory, supplies inventory or equipment acquired in the ordinary course of business, sold, abandoned or made any other disposition of any of its properties or assets or made any acquisition of all or any part of the properties, assets, properties, capital stock or business of any other person; (i) paid, directly or indirectly, any of its material Liabilities before the same became due in accordance with its terms or otherwise than in the ordinary course of business; (j) terminated or failed to renew, or received any written threat (that was not subsequently withdrawn) to terminate or fail to renew, any Contract or other agreement that is or was material to the Condition of the Company; (k) amended its Articles of Incorporation or By-laws (or comparable instruments) or merged with or into or consolidated with any other person, subdivided or in any way reclassified any shares of its capital stock or changed or agreed to change in any manner the rights of its outstanding capital stock or the character of its business; or (l) engaged in any other material transaction other than in the ordinary course of business or in any activity or transaction which has had a material adverse effect on the Condition of the Company.

Operations of the Company. Except as set forth on Schedule 3.32, since the Balance Sheet Date the Company has not: (i) declared or paid any dividends or declared or made any other distributions of any kind to its shareholders, or made any direct or indirect redemption, retirement, purchase or other acquisition of any shares of its capital stock; (ii) except for short-term bank borrowings in the ordinary course of business, incurred any indebtedness for borrowed money; (iii) reduced its cash or short term investments or their equivalent, other than to meet cash needs arising in the ordinary course of business, consistent with past practices; (iv) waived any material right under any contract or other agreement of the type required to be set forth on any Schedule hereto; (v) made any material change in its accounting methods or practices or made any material change in depreciation or amortization policies or rates adopted by it; (vi) materially changed any of its business policies, including, without limitation, advertising, investment, marketing, pricing, purchasing, personnel, sales, returns, budget or product acquisition policies; (vii) made any wage or salary increase or bonus, or increase in any other direct or indirect compensation, or any payment or commitment to pay any severance or termination pay to any of its officers, directors, employees, consultants, agents or other representatives, or any accrual for or commitment or agreement to make or pay the same, in each case, other than to persons other than its officers, directors or shareholders made in the ordinary course of business; (viii) made any loan or advance to any of its shareholders, officers, directors, employees, consultants, agents or other representatives (other than travel advances made in the ordinary course of business), or made any other loan or advance other than in the ordinary course of business; ; (ix) except for inventory, supplies or equipment acquired in the ordinary course of business, made any acquisition of all or any part of the assets, properties, capital stock or business of any other person; (x) paid, directly or indirectly, any of its material Liabilities before the same became due in accordance with its terms or otherwise than in the ordinary course of business; (xi) terminated or failed to renew, or received any threat to terminate or fail to renew, any contract or other agreement that is or was material to the condition of the Company; (xii) entered into any Software Contracts (as defined in Section 3.17(vi) hereof) other than in the ordinary course of business and consistent with past practices; or