FCC Application. If the same has not already been filed as of the --------------- time of the execution hereof, then within three (3) business days after the execution of this Agreement, Buyer and Seller shall file an application with the FCC for the FCC Consent (the "FCC Application"). Buyer and Seller shall prosecute the FCC Application with all reasonable diligence and otherwise use their reasonable best efforts to obtain the FCC Consent as expeditiously as practicable (but neither Buyer nor Seller shall have any obligation to satisfy complainants or the FCC by taking any steps which would have a material adverse effect upon Buyer or Seller or upon any of their respective Affiliates). If the FCC Consent imposes any condition on Buyer or Seller or any of their respective Affiliates, such party shall use its reasonable best efforts to comply with such condition; provided, however, that neither Buyer nor Seller shall be required hereunder to comply with any condition that would have a material adverse effect upon it or any of its Affiliates. If reconsideration or judicial review is sought with respect to the FCC Consent, the party affected shall vigorously oppose such efforts for reconsideration or judicial review and the other party shall cooperate in such efforts; provided, however, that nothing herein shall be construed to limit either party's right to terminate this Agreement pursuant to Article 16 hereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Radio One Inc), Asset Purchase Agreement (Radio One Inc)
FCC Application. If the same has not already been filed as of the --------------- time of the execution hereof, then within three one (31) business days day after the execution of this Agreement, Buyer and Seller shall file an application with the FCC for the FCC Consent (the "FCC Application"). Buyer and Seller shall prosecute the FCC Application with all reasonable diligence and otherwise use their commercially reasonable best efforts to obtain the FCC Consent as expeditiously as practicable practicable, including the obligations set forth in the fourth sentence of Section 17.4 (but neither Buyer nor Seller shall have any obligation to satisfy complainants or the FCC by taking any steps which would have a material adverse effect upon Buyer or Seller or upon any of their respective Affiliates). If the FCC Consent imposes any condition on Buyer or Seller or any of their respective Affiliates, such party shall use its commercially reasonable best efforts to comply with such condition; provided, however, that neither Buyer nor Seller shall be required hereunder to comply with any condition that would have a material adverse effect upon it or any of its Affiliates. If reconsideration or judicial review is sought with respect to the FCC Consent, the party affected shall vigorously oppose such efforts for reconsideration or judicial review and the other party shall cooperate in such effortsreview; provided, however, that nothing herein shall be construed to limit either party's right to terminate this Agreement pursuant to Article 16 hereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Radio Systems Corp /Ma/)
FCC Application. If Seller and Buyer shall hereafter file with the same has not already been filed as FCC the requisite applications for assignment of the --------------- time of the execution hereof, then Station Licenses ("FCC Applications") from Seller to Buyer within three ten (310) business days after following the execution date of this Agreement, . Buyer and Seller shall file an application with have the right to make such amendments to the FCC for Applications as shall be necessary to reflect changes that may occur in the structure of Buyer so long as such amendments do not materially delay the processing time of such FCC Consent (the "FCC Application")Applications. Thereafter, Seller and Buyer and Seller shall prosecute the FCC Application Applications with all reasonable diligence and otherwise use their reasonable best efforts to obtain the grant of the FCC Consent Applications as expeditiously as practicable (but neither Seller nor Buyer nor Seller shall have any obligation to satisfy complainants or the FCC by taking any steps which would have a material adverse effect upon Seller or Buyer or Seller or upon any of their respective Affiliatesaffiliated entity). If the FCC Consent imposes Consents impose any condition on Buyer or Seller or any of their respective Affiliateseither party hereto, such party shall use its reasonable best efforts to comply with such condition; provided, however, that neither Buyer nor Seller party shall be required hereunder to comply with any condition that would have a material adverse effect upon it or any of its Affiliatesaffiliated entity. If reconsideration or judicial review is sought with respect to the FCC ConsentConsents, the party affected shall vigorously oppose such efforts for reconsideration or judicial review and the other party shall cooperate in such effortsreview; provided, however, that nothing herein shall be construed to limit either party's right to terminate this Agreement pursuant to Article 16 17 hereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Radio Systems Corp /Ma/)
FCC Application. If Seller and Buyer shall hereafter file with the same has not already been filed as FCC the requisite applications for assignment of the --------------- time of the execution hereof, then Station Licenses ("FCC Applications") from Seller to Buyer within three ten (310) business days after following the execution date of this Agreement, . Buyer and Seller shall file an application with have the right to make such amendments to the FCC for Applications and waiver requests as shall be necessary to reflect changes that may occur in the FCC Consent (the "FCC Application")structure of Buyer. Thereafter, Seller and Buyer and Seller shall prosecute the FCC Application Applications with all reasonable diligence and otherwise use their reasonable best efforts to obtain the grant of the FCC Consent Applications as expeditiously as practicable (but neither Seller nor Buyer nor Seller shall have any obligation to satisfy complainants or the FCC by taking any steps which would have a material adverse effect upon Seller or Buyer or Seller or upon any of their respective Affiliatesaffiliated entity). If the FCC Consent imposes Consents impose any condition on Buyer or Seller or any of their respective Affiliateseither party hereto, such party shall use its reasonable best efforts to comply with such condition; provided, however, that neither Buyer nor Seller party shall be required hereunder to comply with any condition that would have a material adverse effect upon it or any of its Affiliatesaffiliated entity. If reconsideration or judicial review is sought with respect to the FCC ConsentConsents, the party affected shall vigorously oppose such efforts for reconsideration or judicial review and the other party shall cooperate in such effortsreview; provided, however, that nothing herein shall be construed to limit either party's right to terminate this Agreement pursuant to Article 16 17 hereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Triathlon Broadcasting Co)
FCC Application. If the same has not already been filed as of the --------------- time of the execution hereof, then within three five (35) business days after the execution of this Agreement, Buyer and Seller shall file an application with the FCC for the FCC Consent (the "FCC Application"). Buyer and Seller shall prosecute the FCC Application with all reasonable diligence and otherwise use their reasonable best efforts to obtain the FCC Consent as expeditiously as practicable (but neither Buyer nor Seller shall have any obligation to satisfy complainants or the FCC by taking any steps which would have a material adverse effect upon Buyer or Seller or upon any of their respective Affiliates). If the FCC Consent imposes any condition on Buyer or Seller or any of their respective Affiliates, Affiliates (other than as set forth in Section 5.1 with respect to the Renewals) such party shall use its reasonable best efforts to comply with such condition; provided, however, that neither Buyer nor Seller shall be required hereunder to comply with any condition that would have a material adverse effect upon it or any of its Affiliates. If reconsideration or judicial review is sought with respect to the FCC Consent, the party affected shall vigorously oppose such efforts for reconsideration or judicial review and the other party shall cooperate in such effortsreview; provided, however, that nothing herein shall be construed to limit either party's right to terminate this Agreement pursuant to Article 16 hereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Heftel Broadcasting Corp)
FCC Application. If the same has not already been filed as of the --------------- time of the execution hereof, then within three Within seven (37) business days after the execution of this Agreement, Buyer Buyers and Seller shall file an application with the FCC for the FCC Consent (the "FCC Application"). Buyer Buyers and Seller shall prosecute the FCC Application with all reasonable diligence and otherwise use their reasonable best efforts to obtain the FCC Consent as expeditiously as practicable (but neither Buyer Buyers nor Seller shall have any obligation to satisfy complainants or the FCC by taking any steps which would have a material adverse effect upon Buyer Buyers or Seller or upon any of their respective Affiliates). If the FCC Consent imposes any condition on Buyer Buyers or Seller or any of their respective Affiliates, such party shall use its reasonable best efforts to comply with such condition; provided, however, that neither Buyer Buyers nor Seller shall be required hereunder to comply with any condition that would have a material adverse effect upon it or any of its Affiliates. If reconsideration or judicial review is sought with respect to the FCC Consent, the party affected shall vigorously oppose such efforts for reconsideration or judicial review and the other party shall cooperate in such effortsreview; provided, however, that nothing herein shall be construed to limit either party's right to terminate this Agreement pursuant to Article 16 hereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Regent Communications Inc)