Common use of Commercially Reasonable Efforts; Other Actions Clause in Contracts

Commercially Reasonable Efforts; Other Actions. Subject to the terms and conditions herein provided, Parent, Newco and the Company shall use all commercially reasonable efforts to take, or cause to be taken, all other actions and do, or cause to be done, all other things necessary, proper or appropriate under applicable laws and regulations to consummate and make effective as soon as practicable the transactions contemplated by this Agreement, including, without limitation, (i) the filing of Notification and Report Forms under the HSR Act with the Federal Trade Commission (the "FTC") and the Antitrust Division of the Department of Justice (the "Antitrust Division") and using all commercially reasonable efforts to respond as promptly as practicable to all inquiries received from the FTC or the Antitrust Division for additional information or documentation, (ii) the obtaining of all necessary consents, approvals or waivers, and (iii) the lifting of any legal bar to the Merger. Parent shall cause Newco to perform all of its obligations under this Agreement and shall not take any action which would cause the Company to fail to perform its obligations hereunder. The Company shall not take any action which would cause Parent or Newco to fail to perform its obligations hereunder.

Commercially Reasonable Efforts; Other Actions. Subject to the terms and conditions herein provided, Parent, Newco Subco and the Company shall use all commercially reasonable efforts to take, or cause to be taken, all other actions and do, or cause to be done, all other things necessary, proper or appropriate under applicable laws and regulations to consummate and make effective as soon as practicable the transactions contemplated by this Agreement, including, without limitation, (i) the filing of Notification and Report Forms under the HSR Act with the Federal Trade Commission (the "FTC") and the Antitrust Division of the Department of Justice (the "Antitrust Division") and using all commercially reasonable efforts to respond as promptly as practicable to all any inquiries received from the FTC or the Antitrust Division for additional information or documentation, (ii) the obtaining of all necessary consents, approvals or waivers, waivers and (iii) the lifting of any legal bar to the Merger. Parent shall cause Newco Subco to perform all of its obligations under this Agreement and shall not take any action which that would cause the Company to fail to perform its obligations hereunder. The Company shall not take any action which that would cause either Parent or Newco Subco to fail to perform its obligations hereunder.