Common use of Agreement as to Efforts to Consummate Clause in Contracts

Agreement as to Efforts to Consummate. Subject to the terms and conditions of this Agreement, each party agrees to use, and to cause its subsidiaries to use, its commercially reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper, or advisable under applicable Laws to consummate and make effective, as soon as reasonably practicable after the date of this Agreement, the transactions contemplated by this Agreement, including using its commercially reasonable best efforts to lift or rescind any Order adversely affecting its ability to consummate the transactions contemplated herein and to cause to be satisfied the conditions referred to in Article 11; provided, that nothing herein shall preclude either party from exercising its rights under this Agreement. Each party shall use, and shall cause each of its subsidiaries to use, its commercially reasonable best efforts to obtain all Consents necessary or desirable for the consummation of the transactions contemplated by this Agreement. Any withdrawal or modification of its recommendation about approval of the Merger by the HeadXxxxxx.XXX Xxxrd of Directors pursuant to Section 8.6(c) hereof shall not be deemed to violate or breach this Section 9.5.

Agreement as to Efforts to Consummate. Subject to the terms and conditions of this Agreement, each party Party agrees to use, and to cause its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper, or advisable under applicable Laws to consummate and make effective, as soon as reasonably practicable after the date of this Agreement, the transactions contemplated by this Agreement, including including, which limitation, using its commercially reasonable best efforts to lift or rescind any Order adversely affecting its ability to consummate the transactions contemplated herein and to cause to be satisfied the conditions applicable to such Party referred to in Article 119 hereof; provided, that nothing herein shall preclude either party Party from exercising its rights under this Agreement or the Option Agreement. Each party Party shall use, and shall cause each of its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to obtain all Consents necessary or desirable for the consummation of the transactions contemplated by this Agreement. Any withdrawal or modification of its recommendation about approval of the Merger by the HeadXxxxxx.XXX Xxxrd of Directors pursuant to Section 8.6(c) hereof shall not be deemed to violate or breach this Section 9.5.

Agreement as to Efforts to Consummate. Subject to ------------------------------------- the terms and conditions of this Agreement, each party Party agrees to use, and to cause its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper, or advisable under applicable Laws to consummate and make effective, as soon as reasonably practicable after the date of this Agreement, the transactions contemplated by this Agreement, including including, without limitation, using its commercially reasonable best efforts to lift or rescind any Order adversely affecting its ability to consummate the transactions contemplated herein and to cause to be satisfied the conditions referred to in Article 119 of this Agreement; provided, that nothing herein shall preclude either party Party from exercising its rights under this Agreement. Each party Party shall use, and shall cause each of its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to obtain all Consents necessary or desirable for the consummation of the transactions contemplated by this Agreement. Any withdrawal or modification of its recommendation about approval of the Merger by the HeadXxxxxx.XXX Xxxrd of Directors pursuant to Section 8.6(c) hereof shall not be deemed to violate or breach this Section 9.5.

Agreement as to Efforts to Consummate. Subject to the terms and conditions of this Agreement, each party Party agrees to use, and to cause its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper, or advisable under applicable Laws to consummate and make effective, as soon as reasonably practicable after the date of this Agreement, the transactions contemplated 25 30 by this Agreement, including including, without limitation, using its commercially reasonable best efforts to lift or rescind any Order adversely affecting its ability to consummate the transactions contemplated herein and to cause to be satisfied the conditions referred to in Article 119 of this Agreement; provided, that nothing herein shall preclude either party Party from exercising its rights under this Agreement. Each party Party shall use, and shall cause each of its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to obtain all Consents necessary or desirable for the consummation of the transactions contemplated by this Agreement. Any withdrawal or modification of its recommendation about approval of the Merger by the HeadXxxxxx.XXX Xxxrd of Directors pursuant to Section 8.6(c) hereof shall not be deemed to violate or breach this Section 9.5.

Agreement as to Efforts to Consummate. No Party shall take, or ----------------------------------------- cause to be taken, any action which may reasonably be foreseen as delaying or otherwise adversely impacting consummation of the transactions contemplated by this Agreement. Subject to the terms and conditions of this Agreement, each party Party agrees to use, and to cause its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper, proper or advisable under applicable Laws to consummate and make effectiveLaws, as soon promptly as reasonably practicable after the date so as to permit consummation of this Agreement, the transactions contemplated by this Agreementhereby during the third or fourth quarter of 2003 and shall cooperate fully with the other Parties hereto to that end, including including, without limitation, using its commercially reasonable best efforts to lift or rescind any Order adversely affecting its ability to consummate the transactions contemplated herein and to cause to be satisfied the conditions referred to in Article 11; provided, that nothing herein shall preclude either party from exercising its rights under 9 of this Agreement. Each party Party shall use, and shall cause each of its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to obtain all Consents necessary or desirable for the consummation of the transactions contemplated by this Agreement. Any withdrawal or modification of its recommendation about approval of the Merger by the HeadXxxxxx.XXX Xxxrd of Directors pursuant to Section 8.6(c) hereof shall not be deemed to violate or breach this Section 9.5.

Agreement as to Efforts to Consummate. Subject to the terms and conditions of this Agreement, each party agrees to use, and to cause its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper, or advisable under applicable Laws to consummate and make effective, as soon as reasonably practicable after the date of this Agreement, the transactions contemplated by this Agreement, including including, without limitation, using its commercially reasonable best efforts to lift obtain the lifting or rescind rescission of any Order adversely affecting its ability to consummate the transactions contemplated herein and to cause to be satisfied the conditions referred to in Article 119 of this Agreement; provided, that nothing herein shall preclude either party from exercising its rights under this Agreement. Each party shall use, and shall cause each of its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to obtain as promptly as practicable all Consents of Regulatory Authorities or, in the case of Enterprise, those Consents identified on Section 5.2(c) of the Enterprise Disclosure Memorandum necessary or desirable for the consummation of the transactions contemplated by this Agreement. Any withdrawal or modification of its recommendation about approval of the Merger by the HeadXxxxxx.XXX Xxxrd of Directors pursuant to Section 8.6(c) hereof shall not be deemed to violate or breach this Section 9.5.

Agreement as to Efforts to Consummate. Subject to the terms and ------------------------------------- conditions of this Agreement, each party Party agrees to use, and to cause its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper, or advisable under applicable Laws to consummate and make effective, as soon as reasonably practicable after the date of this Agreement, the transactions contemplated by this Agreement, including using its commercially reasonable best efforts to lift or rescind any Order adversely affecting its legal ability to consummate the transactions contemplated herein and to cause to be satisfied the conditions referred to in Article 1110 of this Agreement; provided, that nothing herein shall preclude ---------- either party Party from exercising its rights under this Agreement. Each party Party shall use, and shall cause each of its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to obtain all Consents necessary or desirable for the consummation of the transactions contemplated by this Agreement. Any withdrawal or modification of its recommendation about approval of the Merger by the HeadXxxxxx.XXX Xxxrd of Directors pursuant to Section 8.6(c) hereof shall not be deemed to violate or breach this Section 9.5.

Agreement as to Efforts to Consummate. Subject to the terms and conditions of this Agreement, each party Party agrees to use, and to cause its subsidiaries Subsidiaries to use, its commercially their respective reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper, or advisable under applicable Laws to consummate and make effective, as soon as reasonably practicable after the date of this Agreement, the transactions contemplated by this Agreement, including using its commercially reasonable best efforts to lift or rescind any Order adversely affecting its ability to consummate the transactions contemplated herein and to cause to be satisfied the conditions referred to in Article 119 of this Agreement; provided, that nothing herein shall preclude either party Party from exercising its rights under this Agreement. Each party Party shall use, and shall cause each of its subsidiaries Subsidiaries to use, its commercially reasonable best efforts to obtain all Consents necessary or desirable for the consummation of the transactions contemplated by this AgreementAgreement on or prior to March 15, 1997. Any withdrawal or modification The Parties shall deliver to each other, copies of its recommendation about approval of all filings, correspondence and orders to and from all Regulatory Authorities in connection with the Merger by the HeadXxxxxxtransactions contemplated hereby.XXX Xxxrd of Directors pursuant to Section 8.6(c) hereof shall not be deemed to violate or breach this Section 9.5.