Common use of Conditions to the Obligation of Each Party Clause in Contracts

Conditions to the Obligation of Each Party. The obligations of the Company, on the one hand, and Orchid Asia, on the other hand, to proceed to the Closing is subject to the satisfaction or waiver by the Company and Orchid Asia (where legally permissible) of the following conditions: (a) there shall not be in effect any Law or Order by a Government Authority of competent jurisdiction restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated hereby; and (b) no Action shall have been commenced by or before any Government Authority against such Party seeking to restrain or materially and adversely alter the transactions contemplated by this Agreement which would render it impossible or unlawful to consummate such transactions, provided, however, that the provisions of this Section 6.1(a) shall not apply if such Party has directly or indirectly solicited or encouraged any such Action.