Continuing Transaction Review Exemptions. Since the Effective Date, there has been no Change in Law that requires the review of the Transactions (including the effects thereof), in whole or in part, by the Department of Justice, the Federal Trade Commission, FERC, or any other Governmental Authority under the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, Section 203 of the Federal Power Act, 16 U.S.C. § 791 et seq., or any other Law, or requires notices to, applications or other filings with, or Consents of or from any other Governmental Authority, excluding such notices, applications, filings, or Consents determined by Buyer, in its sole and absolute discretion, to be immaterial to the Transactions, Buyer, and the conduct of its business;
Continuing Transaction Review Exemptions. Since the Effective Date, there has been no Change in Law that requires the review of the Transactions (including the effects thereof), in whole or in part, by the Department of Justice, the Federal Trade Commission, FERC, or any other Governmental Authority under the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, Section 203 of the Federal Power Act, 16 U.S.C. § 791 et seq., or any other Law, or requires notices to, applications or other filings with, or Consents of or from any other Governmental Authority, excluding such notices, applications, filings, or Consents determined by 41 NTD: As set forth in the footnote accompanying the “Project Site” definition, the Agreement generally reflects Xxxxx’s desire for Seller, by the Effective Date, to have in place (and approved by Buyer) all real property rights and related agreements that are necessary or advisable for the Project. Schedule 16.1(a), Schedule 16.1(b), and Schedule 16.1(c) should reflect all such real property rights and related agreements. The final real estate terms in the Agreement, including the timing and scope of the deliverables, will be driven by the status of title to the Project Site and the title commitment process at the time of signing. If the process is not complete by the Effective Date, Xxxxx expects the process to be complete before FNTP, with updating to occur near the Closing, and the Agreement to be modified accordingly. 42 NTD: Based on the results of due diligence conducted by or for Buyer, Buyer may require other items to be in place prior to execution of this Agreement.
