Sansaboo/maud huggingface dataset:
From the date of this Agreement until the earlier to occur of the Effective Time and the termination of this Agreement <omitted> except <omitted> as consented to in writing by Parent (such consent not to be unreasonably withheld, conditioned or delayed), <omitted> the Company shall, and shall cause each of its Subsidiaries to, (i) conduct its business in all material respects in the ordinary course of business consistent with past practice (Page 60)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
Section 6.01.      Conduct of the Company. From the date of this Agreement until the earlier of the Effective Time and the valid termination of this Agreement, except (x) as required by Applicable Law, (y) as set forth in ​Section 6.01 of the Company Disclosure Schedule, or (z) as otherwise required or expressly permitted by this Agreement, unless Parent shall otherwise consent in writing (which consent shall not be unreasonably withheld, conditioned or delayed), the Company shall, and shall cause each of its Subsidiaries to, conduct its business in the ordinary course of business consistent with past practice (with any COVID- 19 Response disclosed to Parent and taken prior to the date of this Agreement being deemed to be in  the ordinary course of business consistent with past practice when determining whether actions taken after the date of this Agreement are in the ordinary course of business consistent with past practice) (Pages 81-82)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
From the date of this Agreement until the earlier of the Effective Time and the valid termination of this Agreement, <omitted> unless Parent shall otherwise consent in writing (which consent shall not be unreasonably withheld, conditioned or delayed), the Company shall, and shall cause each of its Subsidiaries to, conduct its business in the ordinary course of business consistent with past practice (Pages 81-82)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
7.1.    Interim Operations. 

(a)    The Company covenants and agrees that, from the execution of this Agreement until the Effective Time (unless Parent shall otherwise consent in writing (such consent not to be unreasonably withheld, conditioned or delayed)), and except (x) as otherwise expressly required, contemplated or permitted by this Agreement, (y) as set forth in Section 7.1(a) of the Company Disclosure Letter or (z) as required by applicable Laws (including any Law issued in response to the COVID-19 (or SARS-CoV-2) virus), the Company shall use its reasonable best efforts to conduct its business in the ordinary course of business consistent with past practice in all material respects and, to the extent consistent therewith, it shall use its reasonable best efforts to preserve its business organizations substantially intact and maintain existing relations and goodwill with Governmental Entities, customers, suppliers, production companies, distributors, licensees, licensors, creditors, lessors, employees and business associates and others having material business dealings with it and keep available the services of its present employees and agents. (Page 38)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Reasonable best efforts
from the execution of this Agreement until the Effective Time (unless Parent shall otherwise consent in writing (such consent not to be unreasonably withheld, conditioned or delayed)) <omitted>  the Company shall use its reasonable best efforts to conduct its business in the ordinary course of business consistent with past practice in all material respects (Page 38)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Reasonable best efforts
6.1 Conduct of Business by the Paired Entities.  Except as (A) may be required by Law, (B) any COVID-19 Response after written notice to and,  to  the  extent  practicable  under  the circumstances,  consultation  with,  Parent,  (C)  set  forth  in Section  6.1  of  the  Paired  Entities  Disclosure  Schedule,  (D) consented to in writing in advance by Parent (which consent shall not be unreasonably withheld, conditioned or delayed) or (E) otherwise specifically contemplated or required under this Agreement (or as permitted under the exceptions set forth in Sections 6.1(a) through (t) below), during the period from the date of this Agreement to the earlier of the Effective Time and the termination of this Agreement, (x) each of the Paired Entities shall use commercially reasonable efforts to, and shall cause each of the Paired Entities Subsidiaries to use commercially reasonable efforts to, (i) carry on their respective businesses in the ordinary course of business consistent with the Operating Budget and the Capital Expenditure Budget and past practice, (Page 46)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Commercially reasonable efforts
Except as <omitted> consented to in writing in advance by Parent (which consent shall not be unreasonably withheld, conditioned or delayed) <omitted> during the period from the date of this Agreement to the earlier of the Effective Time <omitted> each of the Paired Entities shall use commercially reasonable efforts to <omitted> carry on their respective businesses in the ordinary course of business consistent <omitted> past practice, (Page 46)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Commercially reasonable efforts
Section 6.1 Conduct of Company Business Pending the Merger. <omitted> (a)            Except <omitted> (iv) as otherwise consented to by Parent in writing (which consent shall not be unreasonably withheld, delayed or conditioned), the Company covenants and agrees that, until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, it shall, and shall cause each of its Subsidiaries to, use reasonable best efforts to conduct its businesses in the ordinary course, (Page 28)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Reasonable best efforts
COVENANTS Section 5.01    Covenants of First Choice. ( a )    During the period from the date of this Agreement until the Effective Time (or earlier termination of this Agreement in accordance with Article 7), except as set forth in Section 5.01(a) of the First Choice Disclosure Schedule as of the date hereof, except as expressly contemplated or permitted by this Agreement, except as required by applicable Law, or except with the prior written consent of Enterprise (which consent will not be unreasonably withheld or delayed), First Choice shall, and shall cause each First Choice Subsidiary to (a) carry on its business only in the Ordinary Course of Business, including in respect of loan loss provisioning, securities portfolio management, compensation and other expense management and other operations which are reasonably expected to impact First Choice’s shareholders’ equity, and in compliance in all material respects with all applicable Laws <omitted> 

“Ordinary  Course  of  Business” means  the  ordinary  course  of  business  of  First  Choice  and  First  Choice Subsidiaries  (including  First Choice  Bank)  or  Enterprise  and  Enterprise Subsidiaries  (including  EB&T),  as  applicable,  consistent  with  past practice, including with respect to frequency and amount in all material respects. (Page 59)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
except with the prior written consent of Enterprise (which consent will not be unreasonably withheld or delayed), First Choice shall, and shall cause each First Choice Subsidiary to (a) carry on its business only in the Ordinary Course of Business <omitted> 

“Ordinary  Course  of  Business” means  the  ordinary  course  of  business  of  First  Choice  and  First  Choice Subsidiaries  (including  First Choice  Bank)  or  Enterprise  and  Enterprise Subsidiaries  (including  EB&T),  as  applicable,  consistent  with  past practice, including with respect to frequency and amount in all material respects. (Page 59)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
Section 6.2 Operation of the Company’s Business. 

(a) During the Pre-Closing Period: (i) except (A) as required or otherwise contemplated under this Agreement or as required by applicable Laws, (B) any action required to be taken, or omitted to be taken,   -36-


pursuant to COVID-19 Measures, (C) with the written consent of Parent (which consent shall not be unreasonably withheld, conditioned or delayed) or (D) as set forth in Section 6.2 of the Company Disclosure Schedule, the Company shall use its commercially reasonable efforts to (i) conduct in all material respects its business and operations in the ordinary course (Pages 40-41)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Commercially reasonable efforts
Section 6.2 Operation of the Company’s Business. 

(a) During the Pre-Closing Period: (i) except <omitted> (C) with the written consent of Parent (which consent shall not be unreasonably withheld, conditioned or delayed) <omitted> the Company shall use its commercially reasonable efforts to (i) conduct in all material respects its business and operations in the ordinary course (Pages 40-41)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Commercially reasonable efforts
5.1 Conduct of Business Prior to the Effective Time. During the period from the date of this Agreement to the Effective Time or earlier termination of this Agreement, except as expressly contemplated or permitted by this Agreement (including as set forth in the Flagstar Disclosure Schedule or the NYCB Disclosure Schedule), as may be required by law or regulation (including any Pandemic Measures) or as consented to in writing by the other party (such consent not to be unreasonably withheld, conditioned or delayed), (a) Flagstar shall, and shall cause its Subsidiaries to, (i) conduct its business in the ordinary course in all material respects and <omitted> (f) the term “ordinary course of business,” with respect to either party, shall take into accountthe commercially reasonable actions taken by such party and its Subsidiaries in response to the Pandemic and the Pandemic Measures. (Page 51)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
During the period from the date of this Agreement to the Effective Time or earlier termination of this Agreement, except <omitted> as consented to in writing by the other party (such consent not to be unreasonably withheld, conditioned or delayed), (a) Flagstar shall, and shall cause its Subsidiaries to, (i) conduct its business in the ordinary course in all material respects <omitted> (f) the term “ordinary course of business,” <omitted> shall take into account the commercially reasonable actions taken by such party and its Subsidiaries in response to the Pandemic and the Pandemic Measures. (Page 51)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
Section 5.1 Conduct of Business of the Company. (a) Except (A) with the prior written consent of Parent (which consent shall not be unreasonably withheld, conditioned or delayed), (B) for matters set forth in Section 5.1 of the Company Disclosure Letter or otherwise expressly required or permitted by this Agreement or (C) as may be required by Law, from the date of this Agreement until the earlier of the Effective Time and the date, if any, on which this Agreement is terminated in accordance with Section 7.1, (x) the Company shall, and shall cause each of its Subsidiaries to, conduct its business and the business of its Subsidiaries in all material respects in the ordinary course, <omitted>  The terms “ordinary course” or “ordinary course of business” or words of similar import when used in this Agreement mean “ordinary course of business consistent with past practice”. (Page 52)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
Except (A) with the prior written consent of Parent (which consent shall not be unreasonably withheld, conditioned or delayed) <omitted>  (x) the Company shall, and shall cause each of its Subsidiaries to, conduct its business and the business of its Subsidiaries in all material respects in the ordinary course <omitted> 

The terms “ordinary course” <omitted> or words of similar import when used in this Agreement mean “ordinary course of business consistent with past practice” (Page 52)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
“Ordinary Course of Business” means, with respect to any Person, the conduct that is consistent in nature and scope with the past practices of such Person prior to the date of this Agreement and taken in the ordinary course of normal, day-to-day operations of such Person or taken or not taken reasonably in response to exigent circumstances. <omitted>

Section 6.01.      Interim Operations.

  (a)           The Company shall, and shall cause each of its Subsidiaries to, from and after the date of this Agreement until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, unless Parent shall otherwise approve in writing, and except as otherwise expressly required by this Agreement, required in order to comply with applicable Law or required in order to comply with COVID-19 Measures or deemed advisable by the Company, acting reasonably, in connection with the termination or modification of COVID-19 Measures, use commercially reasonable efforts to conduct its business in the Ordinary Course of Business, in all material respects, and, to the extent consistent therewith, shall use and cause each of its Subsidiaries to use their commercially reasonable efforts to maintain its and its Subsidiaries’ relations and goodwill with Governmental Entities, customers, suppliers, distributors, and employees.
<omitted>
“Ordinary Course of Business” means
<omitted>
the conduct that is consistent in nature and scope with the past practices of such Person prior to the date of this Agreement (Pages 29-30)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Commercially reasonable efforts
“Ordinary Course of Business” means, with respect to any Person, the conduct that is consistent in nature and scope with the past practices of such Person prior to the date of this Agreement and taken in the ordinary course of normal, day-to-day operations of such Person or taken or not taken reasonably in response to exigent circumstances. <omitted> 
The Company shall <omitted>  from and after the date of this Agreement until the earlier of the Effective Time <omitted> unless Parent shall otherwise approve in writing <omitted> use commercially reasonable efforts to conduct its business in the Ordinary Course of Business (Page 30)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Commercially reasonable efforts
Section 6.1 Conduct of Company Business Pending the Merger. (a) Except (i) as set forth on Schedule 6.1(a) of the Company Disclosure Letter, (ii) as expressly permitted or required by this Agreement, (iii) as may be required by applicable Law (including any COVID-19 Measures), (iv) as expressly required by the Prepackaged Plan if the Company Chapter 11 Cases have been commenced, or (v) as otherwise consented to by Parent in writing (which consent shall not be unreasonably withheld, delayed or conditioned), the Company covenants and agrees that, until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, it shall, and shall cause each of its Subsidiaries to, use reasonable best efforts to conduct its businesses in the ordinary course, including by using reasonable best efforts to preserve substantially intact its present business organization, goodwill and assets, to keep available the services of its current officers and employees and preserve its existing relationships with Governmental Entities and its significant customers, suppliers, licensors, licensees, distributors, lessors and others having significant business dealings with it; (Page 60)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Reasonable best efforts
Except <omitted> as otherwise consented to by Parent in writing (which consent shall not be unreasonably withheld, delayed or conditioned), the Company covenants and agrees that, until the earlier of the Effective Time and the termination of this Agreement pursuant to Article VIII, it shall, and shall cause each of its Subsidiaries to, use reasonable best efforts to conduct its businesses in the ordinary course (Page 60)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Reasonable best efforts
Section 5.2    Operation of the Company and Company Subsidiaries. (a)    Except as Previously Disclosed, as expressly contemplated by or permitted by this Agreement, as required by applicable Legal Requirement, or with the prior written consent of Nicolet, which shall not be unreasonably withheld, conditioned or delayed, during the period from the date of this Agreement to the earlier of the Closing Date or the termination of this Agreement pursuant to its terms, the Company shall, and shall cause each of its Subsidiaries to: (i) conduct its business in the Ordinary Course of Business in all material respects; <omitted>

“Ordinary Course of Business” shall include any action taken by a Person only if such action is consistent with the past practices of such Person and is similar in nature and magnitude to actions customarily taken in the ordinary course of the normal day-to-day operations of other Persons that are in the same line of business as such Person. (Page 37)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
with the prior written consent of Nicolet, which shall not be unreasonably withheld, conditioned or delayed,  during the period from the date of this Agreement to the earlier of the Closing Date <omitted> the Company shall, and shall cause each of its Subsidiaries to: (i) conduct its business in the Ordinary Course of Business in all material respects; <omitted>

“Ordinary Course of Business” shall include any action taken by a Person only if such action is consistent with the past practices of such Person and is similar in nature and magnitude to actions customarily taken in the ordinary course of the normal day-to-day operations of other Persons that are in the same line of business as such Person. (Page 37)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
Section 5.1 Conduct of Company Business Prior to the Effective Time.
 (a) Except (i) as required hereby or by applicable Law, (ii) as disclosed in Section 5.1(a) of the Company Disclosure Schedule or (iii) as consented to in writing by Parent (which consent shall not be unreasonably withheld, delayed or conditioned), prior to the Effective Time, the Company shall, and shall cause each Company Subsidiary to, use reasonable best efforts to conduct its business in the Ordinary Course of Business in all material respects
 
 <omitted>
 “Ordinary Course of Business” means the ordinary and usual course of day-to-day operations of the businesses of the Company Entities, consistent with past custom and practice and, except as such term is used in Section 5.1(b), taking into account the conduct and operations of the Company Entities since, and the effect of, the COVID-19 pandemic. (Page 19)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Reasonable best efforts
Except <omitted> as consented to in writing by Parent (which consent shall not be unreasonably withheld, delayed or conditioned), prior to the Effective Time, the Company shall, and shall cause each Company Subsidiary to, use reasonable best efforts to conduct its business in the Ordinary Course of Business in all material respects
 
 <omitted>
 
 “Ordinary Course of Business” means the ordinary and usual course of day-to-day operations of the businesses of the Company Entities, consistent with past custom and practice (Page 19)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Reasonable best efforts
Section 5.1 Conduct of the Company. From the date of this Agreement until the earlier to occur of the Effective Time and the termination of this Agreement in accordance with Article IX, except as otherwise expressly permitted or expressly contemplated by this Agreement or the Spin-Off Agreements or actions undertaken to effect the Separation and Distribution and other provisions of the Spin-Off Agreements, as set forth in Section 5.1 of the Company Disclosure Letter, as consented to in writing by Parent (such consent not to be unreasonably withheld, conditioned or delayed) or as required by applicable Law, the Company shall, and shall cause each of its RemainCo Subsidiaries to, (i) conduct its business in all material respects in the ordinary course of business consistent with past practices, (Page 55)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
From the date of this Agreement until the earlier to occur of the Effective Time and the termination of this Agreement <omitted> except <omitted> as consented to in writing by Parent (such consent not to be unreasonably withheld, conditioned or delayed) <omitted> the Company shall, and shall cause each of its RemainCo Subsidiaries to, (i) conduct its business in all material respects in the ordinary course of business consistent with past practices (Page 55)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)
Section 5.01 Conduct of Business by the Company Pending the Merger. The Company agrees that between the date of this Agreement and the earlier of the Effective Time and the valid termination of this Agreement in accordance with ARTICLE VII, except (w) as set forth in Section 5.01 of the Company Disclosure Letter, (x) as expressly required or expressly provided for by this Agreement, (y) as required by applicable Law, any Governmental Entity of competent jurisdiction or the rules and regulations of Nasdaq or pursuant to any COVID-19 Measures or (z) as consented to in writing by Parent (which consent shall not be unreasonably withheld, delayed or conditioned), the Company will, and will cause each Company Subsidiary to, use commercially reasonable efforts to conduct its business and operations in all material respects in the ordinary course of business, (Page 16)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Commercially reasonable efforts
Section 6.01. Conduct of the Company. From the date hereof until the earlier of the Effective Time and the termination of this Agreement pursuant to Article 10, the Company shall, and shall cause each of its Subsidiaries to, conduct its business in the ordinary course consistent with past practice (with any action taken in response to a COVID-19 Measure and taken prior to the date of this Agreement being deemed to be in the ordinary course of business consistent with past practice when determining whether actions taken after the date of this Agreement are in the ordinary course of business consistent with past practice) (Page 50)

Question: Ordinary course efforts standard-Answer
Subquestion: <NONE>
Answer: Flat covenant (no efforts standard)