Anti-competitive arrangements. The Company is not, and has not been, a party to any agreement or concerted practice or involved in any business conduct which infringes any anti-trust or similar legislation in any jurisdiction nor has, pursuant to any such legislation, given any undertaking, applied for negative clearance, exemption, guidance or approval, had an order, notice or direction made against it or received any request for information or statement of objections from or corresponded with any court or authority. The Company has not been in receipt of any state aid within the meaning of Article 87(1) EC (formerly Article 92(1) of the EC Treaty).
Anti-competitive arrangements. C.5.1 The Company is not at the Effective Date, a party to any agreement, arrangement, concerted practice or course of conduct which:
(a) is subject to registration under the Restrictive Trade Practices Acts 1976 and 1977;
(b) contravenes the provisions of the Resale Prices Xxx 0000 or any secondary legislation or adopted under the Fair Trading Xxx 0000;
(c) infringes Article 85 or 86 of the Treaty establishing the European Economic Community or any other anti-trust or similar legislation in any jurisdiction in which the Company carries on business or has assets or sales; or
(d) is void or unenforceable (whether in whole or in part) or may render the Company liable to proceedings under any such legislation as is referred to in paragraphs (a) to (c) above.
C.5.2 The Company has not given any undertaking and no order has been made against or in relation to the Company pursuant to any anti-trust or similar legislation in any jurisdiction in which the Company carries on business or has assets or sales.
Anti-competitive arrangements. (a) No Group Company is a party to any Contract or business practice which:
(i) amounts to an infringement of any laws relating to anti-competitive activities and no director is engaged in any activity which would be an offence or infringement under such law; or
(ii) is void or unenforceable (whether in whole or in part) or may render any Group Company liable to proceedings under any such legislation as is referred to in subparagraph (a) above.
(b) No Group Company is party to any Contract or business practice which infringes any provision of the Competition Xxx 0000 or, in the case of Cyberview Czech, Act No. 143/2001 Coll., on protection of competition, as amended, of the Czech Republic, or any undertaking or, so far as the Seller is aware, order made against or pursuant to any anti-trust or similar legislation in any jurisdiction in which it carries on business or has assets or sales.
(c) No Group Company is a party to any Contract or business practice or is involved in any business practice in respect of which:
(i) any request for information, statement of objections or similar matter has been received from any Governmental Authority; or
(ii) an application for negative clearance or exemption has been made to the Commission of the European Communities or any other Governmental Authority.
Anti-competitive arrangements. (1) The Company is not a party to any agreement, arrangement, understanding and has not been included in any business practice in respect of which an anti-trust order has been made against the Company.
(2) The Company is not a party to any agreement or arrangement and is not involved in any business practice in respect of which:
(a) any request for information, statement of objections or similar matter has been received from any court, tribunal, governmental, national or supranational authority; or
(b) an application for negative clearance or exemption has been made to the Commission of the European Communities or the Office of Fair Trading.
Anti-competitive arrangements. (1) In relation to the Business, the Seller, and has not during the last two years entered into any agreement or arrangement or concerned practice nor does it conduct or has it conducted its business affairs in a manner which:
(a) was subject to registration under the Restrictive Trade Practices Acts 1976 and 1977 (as amended);
(b) contravenes the provisions of the Resale Prices Xxx 0000 (as amended) or any secondary legislation adopted under the Fair Trading Xxx 0000;
(c) would infringe any provision of the Competition Xxx 0000;
(d) infringes Article 81 or 82 (formerly Articles 85 and 86) of the Treaty establishing the European Community or any other anti-trust or similar legislation in any jurisdiction in which the Business is carried on or has sales or in which any of the Assets is located; or
(e) is void or unenforceable (whether in whole or in part) or may render it liable to proceedings under any such legislation as is referred to in paragraphs (a) to (d) above.
(2) In relation to the Business, the Seller, and has not during the last two years entered into any agreement or arrangement or been involved in any business practice in respect of which an undertaking has been given by or an order made against or in relation to it pursuant to any anti-trust or similar legislation in any jurisdiction in which it carries on business or has assets or sales, including (without limitation):
(a) Article 81 or 82 (formerly Articles 85 and 86) of the Treaty establishing the European Community;
(b) the Restrictive Trade Practices Acts 1976 and 1977 (as amended);
(c) the Resale Prices Xxx 0000 (as amended);
(d) the Fair Trading Act 1973 or any secondary legislation adopted under that Act; and
(e) the Competition Xxx 0000 (as amended).
(3) In relation to the Business the Seller is not now, and has not during the last two years been, a party to any agreement or arrangement or been involved in any business practice in respect of which:
(a) any request for information, statement of objections or similar matter has been received from any court, tribunal, governmental, national or supra-national authority; or
(b) an application for negative clearance or exemption has been made to the Commission of the European Communities; or
(c) an application for early guidance has been made under the Competition Xxx 0000 to the Office of Fair Trading.
Anti-competitive arrangements. 7.1 The Companies are not and has not been a party to any agreement, arrangement, concerted practice, business practice or course of conduct which:
(a) is or was subject to notification, registration or requires or required approval or individual exemption under the Council Regulation EC 139/2004 ("Regulation") or any merger regulation in any jurisdiction in which the Companies carries on business or has assets or sales, or any other applicable national competition law;
(b) infringes Article 81 or 82 (formerly Articles 85 and 86) of the Treaty establishing the European Community or any other antitrust or similar law in any jurisdiction in which the Companies carries on business or has assets or sales;
(c) is or has been subject to any notification or application for negative clearance, exemption, early guidance, guidance or a decision made to the Commission of the European Communities or any competition authority under any applicable national competition law; or
(d) is invalid or unenforceable (whether in whole or in part) or may render the Companies liable to proceedings under any such legislation as is referred to in Paragraphs above.
7.2 The Companies have not given any undertaking and no decision or order has been made, against or in relation to the Companies pursuant to any antitrust or similar legislation in any jurisdiction in which the Companies carries on business or has assets or sales.
7.3 No investigation, request for information, or statement of objections or similar matter has been carried out or, as the case may be, received from any court, tribunal, governmental, national or supra-national authority in respect of the Companies.
7.4 The Companies have not received any unlawful state aid.
Anti-competitive arrangements. Neither the Company nor any Subsidiary thereof has been or is, and, to the Knowledge of the Company, none of its directors, employees or agents has been or is, a party to any Contract or involved in any conduct that (a) infringes or violates any applicable Law (either civil or criminal) relating to competition, restrictive trade practices, antitrust, monopolies, merger control, fair trading, restraint of trade, pricing, anti-dumping, subsidies by Governmental Authorities to private companies, or free movement of goods and services, (b) under any such applicable Law, is void or unenforceable (in whole or in part), or (c) may render the Company or any Subsidiary thereof liable for (i) any civil or criminal penalties or fines paid or payable to a Governmental Authority, (ii) any restitution paid to a third party, in each case, resulting from the (x) conviction (including as a result of the entry of a guilty plea, a consent judgment or a plea of nolo contendere) of the Company or any Subsidiary thereof (or any directors, employees or agents of the Company or any Subsidiary thereof) of a crime or (y) settlement with a Governmental Authority for the purpose of closing an investigation by such Governmental Authority, or (iii) any injunctive relief or requirement to alter business practices, including civil or criminal fines, imprisonment of individuals, disgorgement, divestiture, damages or conduct remedies. The operation of the business of the Company and its Subsidiaries as conducted has not constituted, and does not and is not reasonably likely to constitute, unfair competition or unfair trade practices or antitrust violations or patent misuse under applicable Law relating to competition, restrictive trade practices, antitrust, monopolies, merger control, fair trading, restraint of trade, pricing, anti-dumping or free movement of goods and services.
Anti-competitive arrangements. To the knowledge of the Company, neither the Company nor any Subsidiary is, nor during the last six years have they been, party to any agreement, arrangement, concerted practice of conduct that (a) infringes any local law, legislation or regulation (civil or criminal) relating to competition, restrictive trade practices, antitrust, monopolies, merger control, fair trading, restraint of trade, pricing, anti-dumping or free movement of goods and services in any jurisdiction in which the Company or any Subsidiary conducts business or has assets or sales; or (b) is void or unenforceable (whether in whole or in part) or may render the Company or any Subsidiary liable to proceedings under any such law, legislation or regulation as is referred to in clause (a) above.
Anti-competitive arrangements. (a) No Group Company is now, and has not since the date of its incorporation been, a party to any agreement or concerted practice or involved in any business conduct which infringes, or is otherwise void or unenforceable in whole or in part pursuant to, any anti-trust or similar legislation in any jurisdiction in which it carries on business or has assets or sales (including Articles 81 and 82 EC) and has not, pursuant to any such legislation, given any undertaking, applied for negative clearance, exemption, guidance or approval, had an order, notice or direction made against it or received any request for information or statement of objections from or corresponded with any court or authority.
(b) No Group Company has since the date of its incorporation been in receipt of any state aid within the meaning of Article 87(1) EC.
Anti-competitive arrangements. None of the Guarantor, the Purchaser and their respective subsidiaries is now, nor has during the last 5 (five) years been, a party to any agreement, arrangement, concerted practice or course of conduct which:
