Denial of Regulatory Approval; Injunction. If (1) any Requisite Regulatory Approval is denied by final, non-appealable action or (2) any Order permanently restraining, enjoining or otherwise prohibiting consummation of the Mergers shall become final and non-appealable; provided that the right to terminate this Agreement under this Section 8.02(e) shall not be available to any party whose failure to comply with any provision of this Agreement has been the cause of, or materially contributed to, such action.
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Samples: Merger Agreement (Northstar Realty Finance Corp.), Merger Agreement (Colony Capital, Inc.), Merger Agreement (Barrack Thomas Jr)
Denial of Regulatory Approval; Injunction. If If
(1) any Requisite Regulatory Approval is denied by final, non-appealable action or (2) any Governmental Authority shall have issued any Order permanently restraining, enjoining or otherwise prohibiting the consummation of the Mergers and such Order remains in effect and shall have become final and non-appealable; provided provided, however, that the right Party seeking to terminate this Agreement under this shall have used its reasonable best efforts to have such Order lifted if and to the extent required by Section 8.02(e) shall not be available to any party whose failure to comply with any provision of this Agreement has been the cause of, or materially contributed to, such action6.04.
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