Common use of FCC Application Clause in Contracts

FCC Application. (a) As promptly as practicable after the execution and delivery of this Agreement, Buyer and the Company shall prepare all appropriate applications for FCC consent, and such other documents as may be required, with respect to the transfer of control of the Company to Buyer (collectively, the "FCC Application"). Not later than the fifth business day following execution and delivery of this Agreement, the Company shall deliver to Buyer its completed portion of the FCC Application. Not later than the tenth business day following the execution and delivery of this Agreement, Buyer shall file, or cause to be filed, the FCC Application. Buyer and the Company shall prosecute the FCC Application in good faith and with due diligence in order to obtain such FCC consent as expeditiously as practicable. If the Closing shall not have occurred for any reason within the initial effective period of the granting of approval by the FCC of the FCC Application, and neither Buyer nor the Company shall have terminated this Agreement pursuant to Section 9.01, Buyer and the Company shall jointly request one or more extensions of the effective period of such grant. No party hereto shall knowingly take, or fail to take, any action the intent or reasonably anticipated consequence of which action or failure to act would be to cause the FCC not to grant approval of the FCC Application or delay either such approval or the consummation of the transfer of control of the Company. (b) Buyer and the Company shall each pay one-half (1/2) of any FCC fees that may be payable in connection with the filing or granting of approval of the FCC Application. Buyer and the Company shall each oppose any request for reconsideration or judicial review of the granting of approval of the FCC Application.

Appears in 2 contracts

Samples: Merger Agreement (Pricellular Wireless Corp), Merger Agreement (Pricellular Corp)

AutoNDA by SimpleDocs

FCC Application. (a) As promptly as practicable after the execution and delivery of this Agreement, Buyer Buyer, Merger Sub and the Company shall prepare all appropriate applications for FCC consent, and such other documents as may be required, with respect to the transfer of control of the Company to Buyer (collectively, the "FCC ApplicationAPPLICATION"). Not later than the fifth business day twentieth Business Day following execution the date of this Agreement, Buyer and delivery Merger Sub shall deliver to the Company their respective completed portions of the FCC Application, and not later than the thirtieth Business Day following the date of this Agreement, the Company shall deliver file or cause to Buyer its completed portion of be filed the FCC Application. Not later than the tenth business day following the execution The Company and delivery of this Agreement, Buyer shall file, or cause to be filed, the FCC Application. Buyer and the Company shall prosecute the FCC Application in good faith and with due diligence in order to obtain such FCC consent as expeditiously as practicable. If the Closing shall not have occurred for any reason within the initial effective period of the granting of approval by the FCC of the FCC Application, and neither Buyer nor the Company nor Buyer shall have terminated this Agreement pursuant to Section 9.016.1, Buyer and the Company and Buyer shall jointly request one or more extensions of the effective period of such grant. No party hereto shall knowingly take, take or fail to take, take any action the intent or reasonably anticipated consequence of which action or failure to act would be to cause the FCC not to grant approval of the FCC Application or delay either such approval or the consummation of the transfer of control of the CompanyCompany pursuant to this Agreement. (b) Buyer and the The Company shall each pay one-half (1/2) of any FCC fees that may be payable in connection with the filing or granting of approval of the FCC Application. Buyer and the Company shall each oppose any objection or petition against the FCC Application, and shall oppose any request for reconsideration or judicial review of the granting of approval of the FCC Application. The Company shall pay any costs incurred in connection with complying with the FCC notice and advertisement requirements in connection with the transfer of control of the Company pursuant to this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Dobson Communications Corp)

AutoNDA by SimpleDocs

FCC Application. (a) As promptly as practicable after the execution and delivery of this Agreement, Buyer Buyer, Merger Sub and the Company shall prepare all appropriate applications for FCC consent, and such other documents as may be required, with respect to the transfer of control of the Company to Buyer (collectively, the "FCC Application"). Not later than the fifth business day twentieth Business Day following execution the ---------------- date of this Agreement, Buyer and delivery Merger Sub shall deliver to the Company their respective completed portions of the FCC Application, and not later than the thirtieth Business Day following the date of this Agreement, the Company shall deliver file or cause to Buyer its completed portion of be filed the FCC Application. Not later than the tenth business day following the execution The Company and delivery of this Agreement, Buyer shall file, or cause to be filed, the FCC Application. Buyer and the Company shall prosecute the FCC Application in good faith and with due diligence in order to obtain such FCC consent as expeditiously as practicable. If the Closing shall not have occurred for any reason within the initial effective period of the granting of approval by the FCC of the FCC Application, and neither Buyer nor the Company nor Buyer shall have terminated this Agreement pursuant to Section 9.016.1, Buyer and the Company and Buyer shall jointly request one or more extensions of the effective period of such grant. No party hereto shall knowingly take, take or fail to take, take any action the intent or reasonably anticipated consequence of which action or failure to act would be to cause the FCC not to grant approval of the FCC Application or delay either such approval or the consummation of the transfer of control of the CompanyCompany pursuant to this Agreement. (b) Buyer and the The Company shall each pay one-half (1/2) of any FCC fees that may be payable in connection with the filing or granting of approval of the FCC Application. Buyer and the Company shall each oppose any objection or petition against the FCC Application, and shall oppose any request for reconsideration or judicial review of the granting of approval of the FCC Application. The Company shall pay any costs incurred in connection with complying with the FCC notice and advertisement requirements in connection with the transfer of control of the Company pursuant to this Agreement.

Appears in 1 contract

Samples: Merger Agreement (American Cellular Corp /De/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!