{'index': 5, 'text': ' Conduct of Business Prior to the Closing. From the date hereof until the Closing, except as otherwise provided in this Agreement or consented to in writing by Parent, the Company shall (x) conduct the business of the Company in the ordinary course of business consistent with past practice; and (y) maintain and preserve intact the current organization, business and franchise of the Company and preserve the rights, franchises, goodwill and relationships of its employees, customers, lenders, suppliers, regulators and others having business relationships with the Company. Without limiting the foregoing, from the date hereof until the Closing Date, the Company shall:\n(a)          preserve and maintain all of its Permits;\n(b)          pay its debts, Taxes and other obligations when due;\n(c)          maintain the properties and assets owned, operated or used by it in the same condition as they were on the date of this Agreement, subject to reasonable wear and tear;\n(d)          continue in full force and effect without modification all Insurance Policies, except as required by applicable Law;\n(e)          defend and protect its properties and assets from infringement or usurpation;\n(f)          perform all obligations, in all material respects, under all Material Contracts relating to or affecting its properties, assets or business;\n(g)          maintain its books and records in accordance with past practice;\n(h)          comply in all material respects with all applicable Laws;\n(i)          not form any Subsidiaries; and\n(j)          not take or permit any action that would cause any of the changes, events or conditions described in Section 3.08, except as listed on Section 3.08 of the Disclosure Schedules, to occur.\n\n '}
Instruction: Read the segment of a merger agreement and answer the multiple-choice question by choosing the option that best characterizes the agreement.
Question: Does the wording of the Efforts Covenant clause include “consistent with past practice”?
Option A: No
Option B: Yes

Merger Agreement: 5.2 Operation of the Acquired Corporations’ Business. (a) During the Pre-Closing Period, except (w) as required or otherwise contemplated under this Agreement or as prohibited or required by applicable Legal Requirements, (x) with the written consent of Parent (which consent shall not be unreasonably withheld, delayed or conditioned, and provided that no consent shall be required if the Company reasonably believes after consulting with outside legal counsel that seeking such consent would violate Antitrust Law), (y) for any action required to be or reasonably taken, or omitted to be taken, pursuant to any COVID-19 Measures or which is otherwise required or reasonably taken, or omitted to be taken, in response to COVID-19 or any other pandemic, epidemic or disease outbreak, as determined by the Company in its reasonable discretion, or (z) as set forth in Section 5.2 of the Company Disclosure Schedule, the Company shall, and shall cause each Acquired Corporation to, use commercially reasonable efforts to conduct its business and operations in the ordinary course in all material respects (Page 41)
Answer: A

Merger Agreement: {{text}}
Answer:
Instruction: Read the segment of a merger agreement and answer the multiple-choice question by choosing the option that best characterizes the agreement.
Question: Does the wording of the Efforts Covenant clause include “consistent with past practice”?
Option A: No
Option B: Yes
Answer: