Common use of Competition Act and Investment Canada Act Clause in Contracts

Competition Act and Investment Canada Act. (i) Each of the Seller and ----------------------------------------- the Purchaser shall have filed all notices and information required under Part IX of the Competition Act (Canada) and satisfied any request for additional information thereunder and the applicable waiting periods shall have expired without the Commissioner of Competition having notified Purchaser that he intends to apply to the Competition Tribunal for an order under Sections 00, 000 xx 000 xx xxx Xxxxxxxxxxx Xxx (Xxxxxx) in respect of the transactions contemplated herein, or the Parties shall have received an Advance Ruling Certificate ("ARC") pursuant to the Competition Act (Canada) from the Commissioner of Competition, and (ii) no proceedings shall have been taken or threatened to be taken under the merger provisions of Part VIII or under Section 45 of the Act in respect of the transactions contemplated herein, and (iii) Investment Canada shall have provided a receipt to the Purchaser pursuant to the Investment Canada Act or the Purchaser shall have received evidence, satisfactory to it, indicating that the acquisition of the Assets Sold and the Merchant Business is not a reviewable transaction or, if it is a reviewable transaction, the Minister shall have been satisfied or deemed to have been satisfied that such acquisition is likely to be a net benefit to Canada.

Competition Act and Investment Canada Act. (ia) Each of the Seller Investor and ----------------------------------------- the Purchaser Company shall have filed all notices and information required under Part IX of the Competition Act (Canada) and satisfied any request for additional information thereunder and the applicable waiting periods shall have expired without the Commissioner of Competition having notified Purchaser the Company that he intends to apply to the Competition Tribunal for an order under Sections 00, 000 xx 000 xx xxx Xxxxxxxxxxx Xxx (Xxxxxx) in respect of the transactions contemplated herein, or the Parties parties shall have received an Advance Ruling Certificate ("ARC") pursuant to the Competition Act (Canada) from the Commissioner Commission of Competition, and ; (iib) no proceedings shall have been taken or threatened to be taken under the merger provisions of Part VIII or under Section 45 of the Act in respect of the transactions contemplated herein, ; and (iii) Investment c)Investment Canada shall have provided a receipt to the Purchaser Company pursuant to the Investment Canada Act or the Purchaser Company shall have received evidence, satisfactory to it, indicating that the acquisition of the Assets Sold and the Merchant Business is not a reviewable transaction or, if it is a reviewable transaction, the Minister shall have been satisfied or deemed to have been satisfied that such acquisition is likely to be a net benefit to Canada.

Competition Act and Investment Canada Act. (ia) Each of the Seller ----------------------------------------------- Investor and ----------------------------------------- the Purchaser Company shall have filed all notices and information required under Part IX of the Competition Act (Canada) and satisfied any request for additional information thereunder and the applicable waiting periods shall have expired without the Commissioner of Competition having notified Purchaser the Company that he intends to apply to the Competition Tribunal for an order under Sections 00, 000 xx 000 xx xxx Xxxxxxxxxxx Xxx (Xxxxxx) in respect of the transactions contemplated herein, or the Parties parties shall have received an Advance Ruling Certificate ("ARC") pursuant to the Competition Act (Canada) from the Commissioner Commission of Competition, and ; (iib) no proceedings shall have been taken or threatened to be taken under the merger provisions of Part VIII or under Section 45 of the Act in respect of the transactions contemplated herein, ; and (iiic) Investment Canada shall have provided a receipt to the Purchaser Company pursuant to the Investment Canada Act or the Purchaser Company shall have received evidence, satisfactory to it, indicating that the acquisition of the Assets Sold and the Merchant Business is not a reviewable transaction or, if it is a reviewable transaction, the Minister shall have been satisfied or deemed to have been satisfied that such acquisition is likely to be a net benefit to Canada.