EU Approval. The approval by the European Commission of the Mergers and the other transactions contemplated by this Agreement will have been obtained pursuant to the EC Merger Regulation.

EU Approval. As of the date hereof, Investor believes the EU Approval will be obtained by June 30, 2013.

EU Approval. Investor shall have received the EU Approval.

EU Approval. Section 2 of the Termination Agreement amending Section 4.b of the R&D Agreement is hereby restated as follows:

EU Approval. At any time during a Software Title's development prior to manufacture by an Authorized Replicator, Licensee may choose to not submit its Software Title to Microsoft for Concept approval (Section 2.1 of the PLA), Pre-Certification (described above in section 1 (one) of this letter) and Art & Marketing Materials approval (Sections 2.1.6 and 5.2 of the PLA). Notwithstanding the foregoing, Licensee shall be required to submit the Software Title to Microsoft for Certification approval (described above in section 1 of this letter) and shall comply with the Content Rating requirements (Section 2.2 of the PLA and amended by section 5 of this letter). Collectively, this option shall be referred to herein as the EU Approval Option. Additional information regarding this option shall be set forth shortly in the Xbox Guide. In the event Licensee chooses the EU Approval Option, Licensee shall not use the Licensed Trademarks on the European FPU and therefore the license grant set forth in Section 3.1 of the PLA is withdrawn as to such European Finished Product Units. In addition, Licensee shall make no statements in advertising, marketing materials, packaging, websites or otherwise that the European FPU is approved or otherwise sanctioned by Microsoft or is an official Xbox Software Title. In the event the European Finished Product Units fail Certification approval, Licensee may resubmit such titles consistent with the terms of the PLA or the Xbox Guide, but under no circumstances shall Licensee manufacture or Commercially Release the European FPU until such time as they have passed Certification approval. In the event Licensee chooses the EU Approval Option but subsequently chooses the Standard Approval Option, Licensee shall be required to comply with all terms of the Agreement concerning approvals and the release of the European Finished Product Units as deemed relevant by Microsoft. In the event Licensee requests distribution of the European Finished Product Units in Territories other than Europe, Licensee shall be required to comply with all terms of the PLA concerning approvals and the release of the Finished Product Units as deemed relevant by Microsoft. Notwithstanding Licensee's choice of the EU Approval Option, all other portions of the Agreement other than those specifically identified above as no longer governing Licensee's distribution of the European Finished Product Units shall remain in effect, including, but not limited to, Licensee's obligation to pay ...

EU Approval. Section 4.b of the R&D Agreement is hereby restated as follows: “Promptly upon BMTI’s receipt of approval of the European Medical Agency for GEM 21S® Growth-factor Enhanced Matrix (the “EU Approval”), BMTI shall use its best efforts to transfer, assign and vest all rights in and to the EU Approval to Luitpold or its designee. Within thirty (30) days of BMTI executing such documents necessary for such transfer and assignment, Luitpold shall pay to BMTI Ten Million Dollars ($10,000,000) (“Milestone Payment”) by wire transfer of immediately available funds to an account designated by BMTI in accordance with wire instructions to be provided by BMTI prior to the due date of such payment. Luitpold acknowledges and agrees that no representations or warranties, express or implied, are given concerning the approval of the Licensed Products and no assurances can be given that the Licensed Products will receive EU Approval.”

Related to EU Approval

FCC Approval Notwithstanding anything to the contrary contained in this Agreement or in the other Loan Documents, neither the Administrative Agent nor any Lender will take any action pursuant to this Agreement or any of the other Loan Documents, which would constitute or result in a change in control of the Borrower or any of its Subsidiaries requiring the prior approval of the FCC without first obtaining such prior approval of the FCC. After the occurrence of an Event of Default, the Borrower shall take or cause to be taken any action which the Administrative Agent may reasonably request in order to obtain from the FCC such approval as may be necessary to enable the Administrative Agent to exercise and enjoy the full rights and benefits granted to the Administrative Agent, for the benefit of the Lenders by this Agreement or any of the other Loan Documents, including, at the Borrower’s cost and expense, the use of the Borrower’s best efforts to assist in obtaining such approval for any action or transaction contemplated by this Agreement or any of the other Loan Documents for which such approval is required by Law.
Listing Approval The Shares to be delivered on the Closing Date or any Additional Closing Date, as the case may be, shall have been approved for listing on the Exchange, subject to official notice of issuance. If (i) any of the conditions specified in this Section 5 shall not have been fulfilled when and as provided in this Agreement, or (ii) any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Representative and its counsel, this Agreement and all obligations of the Underwriters hereunder may be cancelled on, or at any time prior to, the Closing Date or any Additional Closing Date, as the case may be, by the Representative. Notice of such cancellation shall be given to the Company in writing or by telephone or facsimile confirmed in writing.
Regulatory Approval 25.1 The Parties understand and agree that this Agreement and any amendment or modification hereto will be filed with the Commission for approval in accordance with Section 252 of the Act and may thereafter be filed with the FCC. The Parties believe in good faith and agree that the services to be provided under this Agreement are in the public interest. Each Party covenants and agrees to fully support approval of this Agreement by the Commission or the FCC under Section 252 of the Act without modification.
No Regulatory Approval By the Company or Parent, if its Board of Directors so determines by a vote of a majority of the members of its entire Board, in the event any Requisite Regulatory Approval shall have been denied by final, nonappealable action by such Governmental Authority or a Governmental Authority shall have requested the permanent withdrawal of an application therefor.
HSR Approval The applicable waiting period under the HSR Act shall have expired or been terminated.
NASDAQ Approval The Company and the Purchaser agree that until the Company either obtains shareholder approval of the issuance of the Securities, or an exemption from NASDAQ's corporate governance rules as they may apply to the Securities, and an opinion of counsel reasonably acceptable to the Purchaser that NASDAQ's corporate governance rules do not conflict with nor may result in a delisting of the Company's common stock from the SmallCap Market (the "Approval") upon the conversion of the Notes, the Purchaser may not receive upon conversion of the Notes more than the number of common shares greater than 19.9% of the shares of Company's common stock outstanding on the Closing Date. Provided the closing price of the Common Stock on a Principal Market is less than $.25 per share for three consecutive trading days (such third day being the "Trigger Date"), the Company covenants to obtain the Approval required pursuant to the NASDAQ's corporate governance rules to allow conversion of all the Notes and interest thereon. The Company further covenants to file the preliminary proxy statement relating to the Approval with the Commission on or before thirty days after the Trigger Date ("Proxy Filing Date"). The Company further covenants to obtain the Approval no later than ninety days after the Trigger Date ("Approval Date"). The Company's failure to (i) file the proxy on or before the Proxy Filing Date; or (ii) the Company's failure to obtain the Approval on or before the Approval Date (each being an "Approval Default") shall be deemed an Event of Default under the Note, but only to the extent the Notes and interest thereon that may not be converted due to the Company's failure to obtain such Approval.
Requisite Regulatory Approvals All Consents required to be obtained from or made with any Governmental Authority in order to consummate the transactions contemplated by this Agreement shall have been obtained or made.
FERC Approval Notwithstanding any other provision of this Appendix 2, no termination hereunder shall become effective until the Interconnected Entities and/or Transmission Provider have complied with all Applicable Laws and Regulations applicable to such termination, including the filing with the FERC of a notice of termination of the Interconnection Service Agreement, and acceptance of such notice for filing by the FERC.
Other Regulatory Approvals All necessary approvals, authorizations and consents of any governmental or regulatory entity required to consummate the Merger shall have been obtained and remain in full force and effect, and all waiting periods relating to such approvals, authorizations and consents shall have expired or been terminated.
Government Approval Boeing and Customer will assist each other in obtaining any governmental consents or approvals required to effect certification and sale of aircraft under the applicable purchase agreement.

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