Common use of Compliance with Antitrust Laws Clause in Contracts

Compliance with Antitrust Laws. Each of Xxxxxxx and MECH shall use commercially reasonable efforts to resolve objections, if any, which may be asserted with respect to the Merger under antitrust laws. In the event a suit is threatened or instituted challenging the Merger as violative of antitrust laws, each of Xxxxxxx and MECH shall use commercially reasonable best efforts to avoid the filing of, or resist or resolve such suit. Xxxxxxx and MECH shall use commercially reasonable efforts to take such action as may be required: (a) by the OTS, the Connecticut Commissioner, and the Antitrust Division of the Department of Justice or the Federal Trade Commission in order to resolve such objections as any of them may have to the Merger under antitrust laws, or (b) by any federal or state court of the United States, in any suit brought by a private party or Governmental Entity challenging the Merger as violative of antitrust laws, in order to avoid the entry of, or to effect the dissolution of, any injunction, temporary restraining order, or other order which has the effect of preventing the consummation of the Merger. Commercially reasonable efforts shall not include, among other things and only to the extent Xxxxxxx so desires, the willingness of Xxxxxxx to accept an order agreeing to the divestiture, or the holding separate, of any assets of Xxxxxxx or MECH.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Webster Financial Corp), Agreement and Plan of Merger (Mech Financial Inc)

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Compliance with Antitrust Laws. Each of Xxxxxxx and MECH Village shall use commercially its reasonable best efforts to resolve objections, if any, which may be asserted with respect to the Merger under antitrust laws, including, without limitation, the Xxxx-Xxxxx-Xxxxxx Act. In the event a suit is threatened or instituted challenging the Merger as violative of antitrust laws, each of Xxxxxxx and MECH Village shall use commercially its reasonable best efforts to avoid the filing of, or resist or resolve such suit. Xxxxxxx and MECH Village shall use commercially their reasonable best efforts to take such action as may be required: (a) by the OTS, the Connecticut Commissioner, and the Antitrust Division of the Department of Justice or the Federal Trade Commission in order to resolve such objections as any either of them may have to the Merger under antitrust laws, or (b) by any federal or state court of the United States, in any suit brought by a private party or Governmental Entity governmental entity challenging the Merger as violative of antitrust laws, in order to avoid the entry of, or to effect the dissolution of, any injunction, temporary restraining order, or other order which has the effect of preventing the consummation of the Merger. Commercially reasonable Reasonable best efforts shall not include, among other things and only to the extent Xxxxxxx so desires, the willingness of Xxxxxxx to accept an order agreeing to the divestiture, or the holding separate, of any assets of Xxxxxxx or MECHVillage.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Webster Financial Corp)

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Compliance with Antitrust Laws. Each of Xxxxxxx NewMil and MECH Nutmeg shall use commercially its reasonable best efforts to resolve objections, if any, which may be asserted with respect to the Merger under antitrust laws, including, without limitation, the Bank Merger Act and the Xxxx- Xxxxx-Xxxxxx Act. In the event a suit is threatened or instituted challenging the Merger as violative of antitrust laws, each of Xxxxxxx NewMil and MECH Nutmeg shall use commercially its reasonable best efforts to avoid the filing of, or resist or resolve such suit. Xxxxxxx NewMil and MECH Nutmeg shall use commercially their reasonable best efforts to take such action as may be required: (a) by the OTS, the Connecticut Commissioner, and the Antitrust Division of the Department of Justice or the Federal Trade Commission in order to resolve such objections as any either of them may have to the Merger under antitrust laws, or (b) by any federal or state court of the United States, in any suit brought by a private party or Governmental Entity governmental entity challenging the Merger as violative of antitrust laws, in order to avoid the entry of, or to effect the dissolution of, any injunction, temporary restraining order, or other order which has the effect of preventing the consummation of the Merger. Commercially reasonable Reasonable best efforts shall not include, among other things and only to the extent Xxxxxxx NewMil so desires, the willingness of Xxxxxxx NewMil to accept an order agreeing to the divestiture, or the holding separate, of any assets of Xxxxxxx NewMil or MECHNutmeg.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Newmil Bancorp Inc)

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