Company or any of its wholly owned Subsidiaries to the Company or any of its wholly owned Subsidiaries, (iv) sales or dispositions not exceeding $5,000,000 in the aggregate,
provided
, that the sale or disposition of any brand owned by the Company shall not be deemed ordinary course of business, or (v) dispositions of obsolete or worthless assets;
(d) make any capital expenditure or expenditures that (i) involves the purchase of real property or (ii) is in excess of $1,000,000, individually, or $5,000,000, in the aggregate, except for any such capital expenditure set forth in
Section 4.2(d)
of the Company Disclosure Schedule;
(e) directly or indirectly acquire (i) by merging or consolidating with, or by purchasing all of or a substantial equity interest in, or by any other manner, any Person or division, business or equity interest of any Person or, (ii) any assets, rights or properties from any other Person, in each case, other than (A) purchases of goods, equipment, products, licenses of Intellectual Property and other assets in the ordinary course of business or pursuant to existing Contracts, or (B) acquisitions not exceeding $1,000,000 individually, or $5,000,000, in the aggregate;
(f) make any investment (by contribution to capital, property transfers, purchase of securities or otherwise) in, or loan or advance (other than travel and similar advances to its employees in the ordinary course of business consistent with past practice) to, any Person other than a direct or indirect wholly owned Subsidiary of the Company in the ordinary course of business consistent with past practice in an aggregate amount not to exceed $5,000,000;
(g) except in the ordinary course of business or as otherwise permitted by this
Section 4.2
, (i) enter into, terminate, amend or modify any Material Contract (other than extensions at the end of term thereof in accordance with the terms thereof), or waive, release or assign any material rights, claims or benefits under any Material Contract and (ii) enter into any Contract that would have been a Material Contract had it been entered into prior to the date of this Agreement unless, with respect to either subsection (i) or (ii) hereof, such Contract is on terms substantially consistent with, or on terms more favorable to the Company and/or its Subsidiaries than a Contract it is replacing;
(h) except in the ordinary course of business or as otherwise permitted by this
Section 4.2
, (i) enter into or extend the term or scope of any Contract that purports to restrict or limit the Company, or any existing or future Subsidiary or Affiliate of the Company form engaging in any line of business or in any geographic area, (ii) amend or modify the Engagement Letters, (iii) enter into any Contract that would be breached by, or require the consent of any third party in order to continue in full force following, consummation of the Transactions, or (iv) release any Person from, or modify or waive any provision of, any confidentiality, standstill or similar agreement;
(i) sell, license, sublicense, covenant not to sue, assign, transfer, abandon, allow to lapse, otherwise dispose of or grant any rights in any Owned Intellectual Property (other than non-exclusive licenses granted to third Persons in the ordinary course of business consistent with past practice or with respect to immaterial or obsolete Owned Intellectual Property) or disclose any material Trade Secrets or confidential information of the Company or any of its Subsidiaries to any other Person, other than in the ordinary course of business or pursuant to the terms of this Agreement to a Person bound by reasonable confidentiality obligations;
(j) (i) increase in any manner the compensation, including the payment of any bonus or award or granting of any loan, of any of its directors, officers, employees or individual service provider, (ii) enter into, establish, amend or terminate any employment, consulting, retention, change in control, collective bargaining, bonus or other incentive compensation, profit sharing, health or other welfare, share option or other equity (or equity-based), pension, retirement, vacation, severance, deferred compensation or other compensation or benefit plan, policy, agreement, trust, fund or arrangement, including any Company Plan, with, for or in respect of, any director, officer, other employee, consultant, independent contractor or Affiliate, or (iii) except as specifically contemplated by this Agreement, accelerate the time of payment or vesting of, or the lapsing of restrictions with respect to, or fund or otherwise secure the payment of, any compensation or benefits under any Company Plan, in each case, other than as required pursuant to applicable Law or any existing agreement, Company Plan or arrangement as at the date hereof;
provided
,
however
, that nothing in this
Section 4.2(j)
shall prohibit the Company from taking any actions described in
Section 4.2(j)
of the Company Disclosure Schedule;