Common use of Operations Since Balance Sheet Date Clause in Contracts

Operations Since Balance Sheet Date. Except as set forth in Schedule 5.5, from the Balance Sheet Date to the date hereof, there have been no changes in the assets, results of operations or financial condition of the Companies which have materially and adversely affected the Business. Except as set forth in Schedule 5.5, since the Interim Balance Sheet Date, each of the Companies has conducted its businesses only in the Ordinary Course. Without limiting the generality of the foregoing, since the Balance Sheet Date, except as set forth in Schedule 5.5, none of the Companies has: (a) sold, leased (as lessor), transferred or otherwise disposed of, or mortgaged or pledged, or imposed or suffered to be imposed any Encumbrance on, any of the assets reflected on the Interim Balance Sheet or any assets acquired by the Companies after the Interim Balance Sheet Date, except for inventory and non-material amounts of personal property sold or otherwise disposed of in the Ordinary Course and except for Permitted Encumbrances; (b) cancelled any debts owed to or claims held by it (including the settlement of any claims or litigation) other than in the Ordinary Course and which, in the aggregate, are not material to the Companies; (c) had a Material Adverse Effect; (d) suffered any damage, destruction or loss, whether or not covered by insurance, with respect to the property and assets of the Companies of more than $50,000 for any single loss or $100,000 in the aggregate for any related losses, or any failure to maintain insurance policies unmodified and without interruption; (e) made any material change in accounting or Tax reporting principles, methods, or policies, any settlement of any material Tax controversy, or any amendment of any material Tax Return, or any material Tax election made by or with respect to any Company; (f) made any declaration or payment of any distributions on or in respect of any equity securities or interests of any Company or redeemed, purchased or acquired any equity securities of any Company; (g) hired or terminated employees or engaged or terminated independent contractors other than in the Ordinary Course; (h) materially modified its pricing and purchasing policies and levels, or entered into, amended, renewed, terminated, or permitted to lapse any Contract other than in the Ordinary Course and which, in the aggregate, is not material to the Companies, or paid to or received from any Affiliate of any Company or Seller any amount; (i) instituted any increase in any compensation payable to or made any change in the rate, timing, vesting, or funding of compensation, commission, bonus, or other direct or indirect remuneration payable or paid, or agreed to pay any bonus, incentive, retention, or other compensation, to or in respect of any manager, officer, or employee of any Company , except with respect to current cash compensation of individuals to be paid less than $75,000 per annum; (j) adopted, amended, modified, or terminated any of its Employee Plans or any other profit-sharing, bonus, incentive, deferred compensation, insurance, pension, vacation pay, retirement, medical, hospital, disability, fringe, welfare or other benefits made available to employees of any Company other than in the Ordinary Course or as required by applicable Law; (k) except as disclosed in the Balance Sheet, made or committed to make any capital expenditures or capital additions or improvements (i) in excess of $75,000 individually or $75,000 in the aggregate, or (ii) outside the Ordinary Course consistent with past practices; (l) changed its policies or practices with respect to the payment of accounts payable or other current liabilities or the collection of accounts receivable (including any acceleration or delay or deferral of the payment or collection thereof) or failed to maintain the level and quality of its revenue-earning property; (m) amended any of its certificate or articles of formation or organization or bylaws or operating agreement or similar, or failed to maintain its existence as a corporation, limited liability company or limited partnership, as applicable; (n) adopted any plan of merger, consolidation, reorganization, liquidation, or dissolution, or filed a petition in bankruptcy under any provisions of federal or state bankruptcy Law, or consented to the filing of any bankruptcy petition against it under any similar Law; (o) engaged in any transaction or provided any consideration relating to the release, modification, or diminution of any guarantee, Surety Bond, or other obligation of any Company or Seller or any Affiliate thereof except as expressly contemplated by this Agreement; (p) made any loans, advances or capital contributions to, or investments in, any Person; (q) entered into any compromise or settlement of any legal proceeding or any investigation by any Governmental Body; (r) transferred, assigned or granted any license or sublicense of any material rights under or with respect to any Intellectual Property; (s) effectuated any split, combination or reclassification of its equity securities; (t) written up or down (or failed to write up or down) the value of any assets, except in the Ordinary Course in accordance with GAAP; (u) introduced any material change with respect to the Business of the Companies, including with respect to the products or services it sells, the areas in which such products or services are sold, its methods of manufacturing or distributing its products, the levels or quality of inventory, equipment, or revenue-earning property that it maintains, its marketing techniques, or its accounting methods other than in the Ordinary Course; or (v) entered into any agreements or commitments to do or perform in the future any actions referred to in this Section 5.5.

Operations Since Balance Sheet Date. Except as set forth in Schedule 5.5, from Since the Balance Sheet Date to Date, the date hereofbusiness of the Company has been conducted in the ordinary course of business, and there have been no changes has not been, in respect of the Company and its Subsidiaries, unless set forth on Schedule 5.6: (i) any material adverse change in the assets, results of operations business, operations, liabilities, profits or financial condition of the Companies which have materially and adversely affected Company, and, to the Business. Except as set forth in Schedule 5.5, since the Interim Balance Sheet Date, each Knowledge of the Companies has conducted its businesses only Executives, no fact or condition exists or is contemplated or threatened that would reasonably be expected to have a Material Adverse Effect; (ii) any damage, destruction, loss or claim, whether or not covered by insurance, or condemnation or other taking, individually or in the Ordinary Course. Without limiting aggregate, that is material to the generality business or operations of the foregoingCompany. (iii) (A) other than to the Company or any other Subsidiary, since any declaration, set aside or payment of any dividends on, or making of any other actual, constructive or deemed distributions in respect of, any of its equity, or otherwise made any payments to the Balance Sheet DateMembers in their capacity as such, except as set forth in Schedule 5.5(B) split, none combination or reclassification of any of its equity interest or issuance, sale or authorization of the Companies has:issuance of any other securities in respect of, in lieu of or in substitution for any Units or (C) purchase, redemption or other acquisition of any Interests or any other securities; (aiv) soldany material change in the business or operations of the Company or any Subsidiary; (v) any amendment to the Company Charter or the Company’s bylaws or the similar documents of any Subsidiary; (vi) any acquisition or agreement to acquire by merging or consolidating with, leased or by purchasing a substantial portion of the assets of or equity in, or by any other manner, any business or any corporation, partnership, limited liability company, association or other business organization or division thereof; (vii) alteration through merger, liquidation, reorganization, restructuring or in any other fashion its corporate structure; (viii) any capital expenditure or expenditures which, individually, is in excess of $5,000 or, in the aggregate, are in excess of $10,000; (ix) sale, lease (as lessor), transferred transfer or otherwise disposed other disposition of, or mortgaged mortgage or pledgedpledge, or imposed imposition or suffered sufferance to be imposed any Encumbrance on, any of the assets reflected on or properties of the Interim Balance Sheet Company or any assets acquired by the Companies after the Interim Balance Sheet Datea Subsidiary, except for other than inventory and non-material minor amounts of personal property sold or otherwise disposed of for fair value in the Ordinary Course and except for Permitted Encumbrancesordinary course of business consistent with past practice; (bx) cancelled cancellation of any debts owed to or claims held by it (including the settlement of any claims or litigation) or waiver of any other rights held other than in the Ordinary Course and which, in the aggregate, are not material to the Companiesordinary course of business consistent with past practice; (cxi) had a Material Adverse Effectcreation, incurrence or assumption, or agreement to create, incur or assume, any Indebtedness for Borrowed Money or entered into, as lessee, any capitalized lease obligation (as defined in Statement of Financial Accounting Standards No. 13); (dxii) suffered any damage, destruction acceleration or loss, whether or not covered by insurance, with respect to the property and assets of the Companies of more than $50,000 for any single loss or $100,000 delay in the aggregate for any related losses, or any failure to maintain insurance policies unmodified and without interruption; (e) made any material change in accounting or Tax reporting principles, methods, or policies, any settlement collection of any material Tax controversy, notes or any amendment accounts receivable in advance of any material Tax Return, or any material Tax election made by beyond their regular due dates or with respect to any Company; (f) made any declaration or payment of any distributions on or in respect of any equity securities or interests of any Company or redeemed, purchased or acquired any equity securities of any Company; (g) hired or terminated employees or engaged or terminated independent contractors the dates when the same would have been collected other than in the Ordinary Courseordinary course of business consistent with past practice; (hxiii) materially modified delay or acceleration of any payment of any account payable or other liability beyond or in advance of its pricing and purchasing policies and levels, due date or entered into, amended, renewed, terminated, or permitted to lapse any Contract the date when such liability would have been paid other than in the Ordinary Course and which, in the aggregate, is not material to the Companies, or paid to or received from any Affiliate ordinary course of any Company or Seller any amountbusiness consistent with past practice; (ixiv) instituted any increase in any compensation payable to or made any change in the rate, timing, vesting, or funding accounting principles and practices used by the Company from those applied in the preparation of compensation, commission, bonus, or other direct or indirect remuneration payable or paid, or agreed the financial statements referred to pay any bonus, incentive, retention, or other compensation, to or in respect of any manager, officer, or employee of any Company , on Schedule 5.4 except with respect to current cash compensation of individuals to be paid less than $75,000 per annumas required by generally accepted accounting principles; (jxv) adopted, amended, modified, preparation or terminated any of its Employee Plans or any other profit-sharing, bonus, incentive, deferred compensation, insurance, pension, vacation pay, retirement, medical, hospital, disability, fringe, welfare or other benefits made available to employees of any Company other than in the Ordinary Course or as required by applicable Law; (k) except as disclosed in the Balance Sheet, made or committed to make any capital expenditures or capital additions or improvements (i) in excess of $75,000 individually or $75,000 in the aggregate, or (ii) outside the Ordinary Course consistent with past practices; (l) changed its policies or practices with respect to the payment of accounts payable or other current liabilities or the collection of accounts receivable (including any acceleration or delay or deferral of the payment or collection thereof) or failed to maintain the level and quality of its revenue-earning property; (m) amended any of its certificate or articles of formation or organization or bylaws or operating agreement or similar, or failed to maintain its existence as a corporation, limited liability company or limited partnership, as applicable; (n) adopted any plan of merger, consolidation, reorganization, liquidation, or dissolution, or filed a petition in bankruptcy under any provisions of federal or state bankruptcy Law, or consented to the filing of any bankruptcy petition against it under Tax Return inconsistent with past practice or, on any such Tax Return, taking any position, making any election or adopting any method that is inconsistent with positions taken, elections made or methods used in preparing or filing similar Law; Tax Returns in prior periods (o) engaged in any transaction including positions, elections or provided any consideration relating methods which would have the effect of deferring income to periods after the Closing Date or accelerating deductions to periods prior to the release, modification, or diminution of any guarantee, Surety Bond, or other obligation of any Company or Seller or any Affiliate thereof except as expressly contemplated by this Agreement; (p) made any loans, advances or capital contributions to, or investments in, any Person; (q) entered into any compromise or settlement of any legal proceeding or any investigation by any Governmental Body; (r) transferred, assigned or granted any license or sublicense of any material rights under or with respect to any Intellectual Property; (s) effectuated any split, combination or reclassification of its equity securities; (t) written up or down (or failed to write up or down) the value of any assets, except in the Ordinary Course in accordance with GAAP; (u) introduced any material change with respect to the Business of the Companies, including with respect to the products or services it sells, the areas in which such products or services are sold, its methods of manufacturing or distributing its products, the levels or quality of inventory, equipment, or revenue-earning property that it maintains, its marketing techniques, or its accounting methods other than in the Ordinary CourseClosing Date); or (vxvi) entered entry into any agreements agreement or commitments commitment to do or perform take any action listed in the future any actions referred to in this Section 5.5clauses (i)-(xv) above.

Operations Since Balance Sheet Date. Except as set forth disclosed in Schedule 5.55.7, from since June 30, 2010 through the date hereof, (a) there has been no Material Adverse Effect and (b) none of the Acquired Companies has granted any material increase in salary or bonus or otherwise materially increased the compensation or benefits payable or provided to any Affected Employee, other than as a result of promotions in the ordinary course of business. Except as disclosed in Schedule 5.7, since the Balance Sheet Date to through the date hereof, there the Acquired Companies have been no changes in conducted the assets, results of operations or financial condition of the Companies which have materially and adversely affected the Business. Except as set forth in Schedule 5.5, since the Interim Balance Sheet Date, each of the Companies has conducted its businesses Business only in the Ordinary Courseordinary course in all material respects. Without limiting the generality of the foregoing, except as set forth on Schedule 5.7, since the Balance Sheet Date, except as set forth in Schedule 5.5Date through the date hereof, none of the Acquired Companies has: (ai) sold, leased (as lessor), transferred or otherwise disposed ofassigned any assets or property (tangible or intangible) with an aggregate value in excess of $250,000; (ii) experienced any damage, destruction or mortgaged loss (whether or pledgednot covered by insurance) to its assets or property (tangible or intangible) in excess of $250,000 in the aggregate; (iii) no Person has accelerated, terminated, modified or imposed canceled any Material Contract or suffered to be imposed any Encumbrance onContract that, any of the assets reflected if it was in effect on the Interim Balance Sheet date hereof, would be a Material Contract, other than modifications to customer Contracts or any assets acquired by Leases in the Companies after the Interim Balance Sheet Dateordinary course of business; (iv) issued, except for inventory and non-material amounts of personal property sold or otherwise disposed of in the Ordinary Course and except for Permitted Encumbrancesany of its stock or other ownership interests, or granted any options, warrants or other rights to acquire (including upon conversion, exchange or exercise) any of its stock or other ownership interests or declared, set aside, made or paid any dividend or distribution with respect to its stock or other ownership interests or redeemed, purchased or otherwise acquired any stock or other ownership interest or amended or made any change to any of its organizational documents or made any other payment to its members or stockholders (or any Affiliates of such members or stockholders); (bv) cancelled made any debts owed to commitment outside of the ordinary course of business or claims held by it (including the settlement in excess of any claims or litigation) other than $150,000 in the Ordinary Course and which, aggregate for capital expenditures to be paid after the Closing or failed to incur capital expenditures in the aggregate, are not material to the Companiesaccordance with its capital expense budget; (cvi) had instituted any material change in the conduct of its business or any material change in its accounting practices or methods, cash management practices or method of purchase, sale, lease, management, marketing, or operation; (vii) taken or omitted to take any action which could be reasonably anticipated to have a Material Adverse Effect; (dviii) suffered collected its accounts receivable or paid any damageaccrued liabilities or accounts payable or prepaid any expenses or other items, destruction or loss, whether or not covered by insurance, with respect to the property and assets of the Companies of more than $50,000 for any single loss or $100,000 in the aggregate for any related losses, or any failure to maintain insurance policies unmodified and without interruption; (e) made any material change in accounting or Tax reporting principles, methods, or policies, any settlement of any material Tax controversy, or any amendment of any material Tax Return, or any material Tax election made by or with respect to any Company; (f) made any declaration or payment of any distributions on or in respect of any equity securities or interests of any Company or redeemed, purchased or acquired any equity securities of any Company; (g) hired or terminated employees or engaged or terminated independent contractors each case other than in the Ordinary Course; (h) materially modified its pricing and purchasing policies and levels, or entered into, amended, renewed, terminated, or permitted to lapse any Contract other than in the Ordinary Course and which, in the aggregate, is not material to the Companies, or paid to or received from any Affiliate ordinary course of any Company or Seller any amount; (i) instituted any increase in any compensation payable to or made any change in the rate, timing, vesting, or funding of compensation, commission, bonus, or other direct or indirect remuneration payable or paid, or agreed to pay any bonus, incentive, retention, or other compensation, to or in respect of any manager, officer, or employee of any Company , except with respect to current cash compensation of individuals to be paid less than $75,000 per annum; (j) adopted, amended, modified, or terminated any of its Employee Plans or any other profit-sharing, bonus, incentive, deferred compensation, insurance, pension, vacation pay, retirement, medical, hospital, disability, fringe, welfare or other benefits made available to employees of any Company other than in the Ordinary Course or as required by applicable Law; (k) except as disclosed in the Balance Sheet, made or committed to make any capital expenditures or capital additions or improvements (i) in excess of $75,000 individually or $75,000 in the aggregate, or (ii) outside the Ordinary Course consistent with past practices; (l) changed its policies or practices with respect to the payment of accounts payable or other current liabilities or the collection of accounts receivable (including any acceleration or delay or deferral of the payment or collection thereof) or failed to maintain the level and quality of its revenue-earning property; (m) amended any of its certificate or articles of formation or organization or bylaws or operating agreement or similar, or failed to maintain its existence as a corporation, limited liability company or limited partnership, as applicable; (n) adopted any plan of merger, consolidation, reorganization, liquidation, or dissolution, or filed a petition in bankruptcy under any provisions of federal or state bankruptcy Law, or consented to the filing of any bankruptcy petition against it under any similar Law; (o) engaged in any transaction or provided any consideration relating to the release, modification, or diminution of any guarantee, Surety Bond, or other obligation of any Company or Seller or any Affiliate thereof except as expressly contemplated by this Agreement; (p) made any loans, advances or capital contributions to, or investments in, any Person; (q) entered into any compromise or settlement of any legal proceeding or any investigation by any Governmental Body; (r) transferred, assigned or granted any license or sublicense of any material rights under or with respect to any Intellectual Property; (s) effectuated any split, combination or reclassification of its equity securities; (t) written up or down (or failed to write up or down) the value of any assets, except in the Ordinary Course in accordance with GAAP; (u) introduced any material change with respect to the Business of the Companies, including with respect to the products or services it sells, the areas in which such products or services are sold, its methods of manufacturing or distributing its products, the levels or quality of inventory, equipment, or revenue-earning property that it maintains, its marketing techniques, or its accounting methods other than in the Ordinary Coursebusiness; or (vix) entered into agreed or committed to any agreements or commitments to do or perform in of the future any actions referred to in this Section 5.5foregoing.

Operations Since Balance Sheet Date. Except as set forth in Schedule 5.5, from (a) Since the Balance Sheet Date to the date hereofDate, there have been has been: (i) no changes material adverse change in the assets, results of operations business, operations, liabilities, profits or financial condition of the Companies which have materially and adversely affected Company, and, to the Business. Except as set forth in Schedule 5.5, since the Interim Balance Sheet Date, each Knowledge of the Companies has Executives, no fact or condition exists or is contemplated or threatened that would reasonably be expected to have a Material Adverse Effect; and (ii) no damage, destruction, loss or claim, whether or not covered by insurance, or condemnation or other taking that would reasonably be expected to have a Material Adverse Effect. (b) Since September 30, 2007, the Company has, in all material respects, conducted its businesses business only in the Ordinary Courseordinary course and in conformity with past practice. Without limiting the generality of the foregoing, since September 30, 2007, the Balance Sheet Date, except as set forth in Schedule 5.5, none of the Companies hasCompany has not: (ai) (A) declared, set aside or paid any dividends on, or made any other actual, constructive or deemed distributions in respect of, any of its capital stock, or otherwise made any payments to its Stockholders in their capacity as such, (B) split, combined or reclassified any of its capital stock or issued, sold or authorized the issuance of any other securities in respect of, in lieu of or in substitution for any Shares (other than any issuances of its securities upon the conversion of any outstanding Company Preferred Stock, or upon the exercise of any Company Stock Options or Company Warrants) or (C) purchased, redeemed or otherwise acquired any Shares or any other securities of the Company; (ii) made any material change in the business or operations of the Company; (iii) amended the Company Charter or the Company’s bylaws; (iv) acquired or agreed to acquire by merging or consolidating with, or by purchasing a substantial portion of the assets of or equity in, or by any other manner, any business or any corporation, partnership, limited liability company, association or other business organization or division thereof; (v) altered through merger, liquidation, reorganization, restructuring or in any other fashion its corporate structure; (vi) made or incurred any capital expenditure or expenditures which, individually, is in excess of $30,000 or, in the aggregate, are in excess of $100,000; (vii) sold, leased (as lessor), transferred or otherwise disposed of, or mortgaged or pledged, or imposed or suffered to be imposed any Encumbrance on, any of the assets reflected on or properties of the Interim Balance Sheet or any assets acquired by the Companies after the Interim Balance Sheet DateCompany, except for other than inventory and non-material minor amounts of personal property sold or otherwise disposed of for fair value in the Ordinary Course ordinary course of business consistent with past practice and except for other than Permitted EncumbrancesEncumbrances and product licenses granted by the Company to third parties in the ordinary course of business, consistent with past practice; (bviii) cancelled any debts owed to or claims held by it the Company (including the settlement of any claims or litigation) or waived any other rights held by the Company other than in the Ordinary Course and which, in the aggregate, are not material to the Companiesordinary course of business consistent with past practice; (cix) had a Material Adverse Effectcreated, incurred or assumed, or agreed to create, incur or assume, any Indebtedness for Borrowed Money or entered into, as lessee, any capitalized lease obligation (as defined in Statement of Financial Accounting Standards No. 13); (dx) suffered any damage, destruction accelerated or loss, whether or not covered by insurance, with respect to the property and assets of the Companies of more than $50,000 for any single loss or $100,000 in the aggregate for any related losses, or any failure to maintain insurance policies unmodified and without interruption; (e) made any material change in accounting or Tax reporting principles, methods, or policies, any settlement delayed collection of any material Tax controversy, notes or any amendment accounts receivable in advance of any material Tax Return, or any material Tax election made by beyond their regular due dates or with respect to any Company; (f) made any declaration or payment of any distributions on or in respect of any equity securities or interests of any Company or redeemed, purchased or acquired any equity securities of any Company; (g) hired or terminated employees or engaged or terminated independent contractors the dates when the same would have been collected other than in the Ordinary Courseordinary course of business consistent with past practice; (hxi) materially modified delayed or accelerated payment of any account payable or other liability of the Company beyond or in advance of its pricing and purchasing policies and levels, due date or entered into, amended, renewed, terminated, or permitted to lapse any Contract the date when such liability would have been paid other than in the Ordinary Course ordinary course of business consistent with past practice and which, other than required scheduled payments in respect of Indebtedness for Borrowed Money outstanding on the aggregate, is not material to the Companies, or paid to or received from any Affiliate of any Company or Seller any amountBalance Sheet; (ixii) instituted any increase in any compensation payable to or made any change in the rate, timing, vesting, or funding accounting principles and practices used by the Company from those applied in the preparation of compensation, commission, bonus, or other direct or indirect remuneration payable or paid, or agreed the financial statements referred to pay any bonus, incentive, retention, or other compensation, to or in respect of any manager, officer, or employee of any Company , on Schedule 5.4 except with respect to current cash compensation of individuals to be paid less than $75,000 per annumas required by generally accepted accounting principles; (jxiii) adoptedprepared or filed any Tax Return inconsistent with past practice or, amendedon any such Tax Return, modifiedtaken any position, made any election or terminated adopted any method that is inconsistent with positions taken, elections made or methods used in preparing or filing similar Tax Returns in prior periods (including positions, elections or methods which would have the effect of its Employee Plans deferring income to periods after the Closing Date or any other profit-sharing, bonus, incentive, deferred compensation, insurance, pension, vacation pay, retirement, medical, hospital, disability, fringe, welfare or other benefits made available accelerating deductions to employees of any Company other than in periods prior to the Ordinary Course or as required by applicable Law;Closing Date); or (k) except as disclosed in the Balance Sheet, made or committed to make any capital expenditures or capital additions or improvements (i) in excess of $75,000 individually or $75,000 in the aggregate, or (ii) outside the Ordinary Course consistent with past practices; (l) changed its policies or practices with respect to the payment of accounts payable or other current liabilities or the collection of accounts receivable (including any acceleration or delay or deferral of the payment or collection thereof) or failed to maintain the level and quality of its revenue-earning property; (m) amended any of its certificate or articles of formation or organization or bylaws or operating agreement or similar, or failed to maintain its existence as a corporation, limited liability company or limited partnership, as applicable; (n) adopted any plan of merger, consolidation, reorganization, liquidation, or dissolution, or filed a petition in bankruptcy under any provisions of federal or state bankruptcy Law, or consented to the filing of any bankruptcy petition against it under any similar Law; (o) engaged in any transaction or provided any consideration relating to the release, modification, or diminution of any guarantee, Surety Bond, or other obligation of any Company or Seller or any Affiliate thereof except as expressly contemplated by this Agreement; (p) made any loans, advances or capital contributions to, or investments in, any Person; (qxiv) entered into any compromise agreement or settlement of commitment to take any legal proceeding or any investigation by any Governmental Body; action listed in clauses (ri)-(xiii) transferred, assigned or granted any license or sublicense of any material rights under or with respect to any Intellectual Property; (s) effectuated any split, combination or reclassification of its equity securities; (t) written up or down (or failed to write up or down) the value of any assets, except in the Ordinary Course in accordance with GAAP; (u) introduced any material change with respect to the Business of the Companies, including with respect to the products or services it sells, the areas in which such products or services are sold, its methods of manufacturing or distributing its products, the levels or quality of inventory, equipment, or revenue-earning property that it maintains, its marketing techniques, or its accounting methods other than in the Ordinary Course; or (v) entered into any agreements or commitments to do or perform in the future any actions referred to in this Section 5.5above.