FTC Investigation Sample Clauses

FTC Investigation. Issues relating to physician-owned health care facilities have been investigated by the Federal Trade Commission ("FTC"), which investigated two lithotripsy limited partnerships affiliated with the General Partner, to determine whether they posed an unreasonable threat to competition in the health care field. The affiliated limited partnerships were advised in 1996 that the FTC's investigation was terminated without any formal action taken by the FTC or any restrictions being placed on the activities of the limited partnerships. However, the General Partner cannot assure that the FTC will not investigate issues arising from physician-owned health care facilities in the future with respect to the General Partner or any Affiliate, including the Partnership.
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FTC Investigation. On May 21, 2015, the FTC issued a Civil Investigative Demand (“CID”) to Uber. Included in the CID were four interrogatories, each with various subparts. The fourth interrogatory required Uber to provide information “[w]ith respect to any Breach or suspected breach,” including: ● “When and how the Company learned of the Breach”; ● “The location, type(s), and amount(s) of Personal Information that unauthorized person(s) could have accessed or viewed”; ● “The location, type(s), and amount(s) of Personal Information that the unauthorized person(s) did copy, download, or remove”; and ● “[W]hen and . . . how the Company notified Consumers, law enforcement, and other third parties about the Breach.”
FTC Investigation. (a) Seller will use its best efforts to obtain FTC approval of the proposed sale to American Technical Plastics of Seller's colored cell-cast acrylic rod and tube business, carried on by Seller at the Stirling Facility, and to consummate the sale prior to the Closing. In such event, the assets of that business will be Excluded Assets. (b) In addition (and whether or not the above sale is consummated), Seller will also endeavor to resolve the investigation currently pending at the FTC regarding the Xxxxxxxx/Glasflex Business in light of the sale to American Technical Plastics and by attempting to convince FTC staff that (i) new competitors and the reduced market share of Xxxxxxxx/Glasflex obviate the FTC's concerns, and (ii) there are other products that compete effectively with clear cell-cast acrylic tubes. (c) If by the Closing Date the FTC has not approved the sale described in Section 7.9(a) and the matter described in Section 7.9(b) has not been resolved, then following the Closing, to the extent required in order to obtain resolution of such FTC investigation Buyer agrees to either divest a portion of the Xxxxxxxx/Glasflex Business in coordination with the FTC or sell the small tubes portion of the Xxxxxxxx/Glasflex Business to Seller (which may then operate such business at the Stirling Facility notwithstanding Section 7.4). (d) Any portion of the rod & tube business not acquired by Buyer or subsequently divested by Buyer to resolve the FTC investigation will result in a Purchase Price reduction, as follows: (i) (Annual sales divested times gross margin) less direct costs of sales = operating income contribution; and (ii) Operating income contribution times 7.0 = value of business divested or not acquired; and (iii) Value of business divested or not acquired less net proceeds to Buyer of divestiture (if any) = Purchase Price reduction.
FTC Investigation. The FTC Investigation shall have been terminated without any Order, or initiation of a proceeding seeking to implement any Order that would reasonably be likely to require or result in Buyer, Parent, Seller or Shareholder (i) commencing or defending litigation, (ii) holding separate (including by trust or otherwise) or divesting any of their or their respective Affiliates’ businesses, product lines or assets, or any of the Acquired Assets, or (iii) taking any action or agreeing to any limitation on the operation or conduct of the Business or any other business or assets of Buyer, Seller or any of their respective Affiliates.”
FTC Investigation. Seller, Shareholder and Buyer shall cooperate in good faith with each other in connection with resolving the FTC Investigation. Except as prohibited by any Legal Requirement, each such party shall (i) promptly notify the other parties hereto of any communication to that party from the FTC and (ii) not participate in any meetings or substantive discussions with, or make any substantive legal submission to the FTC with respect to the FTC Investigation without consulting with and offering the other parties a meaningful opportunity to review, comment and participate in such meetings or discussions.
FTC Investigation. Oxycal has disclosed to Parent that it is subject to a pending investigation by the Federal Trade Commission ("FTC") concerning certain claims Oxycal and its Subsidiaries have made concerning its "Ester-C" products. Prior to the Closing, Oxycal will not enter into any agreements with or consent to any order of the FTC without Parent's consent, which will not be unreasonably withheld.

Related to FTC Investigation

  • Complaints Investigation The employee who complains of harassment under the provisions of the Human Rights Code must first comply with the Employer’s harassment policy procedures before filing a grievance or human rights complaint.

  • Background Investigation The BOARD is prohibited from knowingly employing a person who has been convicted of committing or attempting to commit certain criminal offenses. If the required criminal background investigation is not completed at the time this Contract is signed, and the subsequent investigation report reveals that there has been a prohibited conviction, this Contract shall immediately become null and void.

  • Grievance Investigation The Employer agrees to supply to the Union the names of all applicants for a vacancy, or new position in the course of a grievance investigation.

  • Grievance Investigations Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.

  • Geotechnical Investigation Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.

  • Compliance Investigations Upon City’s request, Contractor agrees to provide to City, within sixty calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past five years on any of its contracts that were undertaken within San Diego County, including the total dollar amount paid by Contractor for each subcontract or supply contract. Contractor further agrees to fully cooperate in any investigation conducted by City pursuant to City's Nondiscrimination in Contracting Ordinance. Contractor understands and agrees that violation of this clause shall be considered a material breach of the Contract and may result in Contract termination, debarment, and other sanctions.

  • Due Diligence Investigation Pubco shall be reasonably satisfied with the results of its due diligence investigation of the Company in its sole and absolute discretion.

  • Environmental Investigation (a) Heritage shall engage an environmental consultant acceptable to Acquiror to conduct a preliminary ("Phase I") environmental assessment of each of the parcels of real estate used in the operation of the businesses of Heritage and any Heritage Subsidiary and any other real estate owned by Heritage or a Heritage Subsidiary (other than single family residences). The fees and expenses of the consultant with respect to the Phase I assessments shall be shared equally by Acquiror and Heritage. The consultant shall complete and deliver the Phase I assessments not later than 60 days after the date of this Agreement. If any environmental conditions are found, suspected, or would tend to be indicated by the report of the consultant which may be contrary to the representations and warranties of Heritage set forth herein without regard to any exceptions that may be contained in Heritage's Schedules, then the parties shall obtain from one or more mutually acceptable consultants or contractors, as appropriate, an estimate of the cost of any further environmental investigation, sampling, analysis, remediation or other follow-up work that may be necessary to address those conditions in accordance with applicable laws and regulations. (b) Upon receipt of the estimate of the costs of all follow-up work to the Phase I assessments or any subsequent investigation phases that may be conducted, the parties shall attempt to agree upon a course of action for further investigation and remediation of any environmental condition suspected, found to exist, or that would tend to be indicated by the report of the consultant. All post-Phase I investigations or assessments (the cost of which shall be paid by Heritage), all work plans for any post-Phase I assessments or remediation, and any removal or remediation actions that may be performed, shall be mutually satisfactory to Acquiror and Heritage. If such work plans or removal or remediation actions would cost more than $3,000,000 (individually or in the aggregate on a tax affected basis) to complete, Acquiror and Heritage shall discuss a mutually acceptable modification of this Agreement. Acquiror and Heritage shall cooperate in the review, approval and implementation of all work plans. (c) If the parties are unable to agree upon a course of action for further investigation and remediation of an environmental condition or issue raised by an environmental assessment and/or a mutually acceptable modification to this Agreement, and the condition or issue is not one for which it can be determined to a reasonable degree of certainty that the risk and expense to which the Surviving Corporation and its Subsidiaries would be subject as owner of the property involved can be quantified, in good faith, and limited to an amount less than $3,000,000 (on a tax affected basis), then Acquiror may terminate this Agreement by the earlier to occur of (i) 120 days after the receipt of the Phase I assessments, or (ii) the receipt of all consents and approvals of government regulatory authorities as legally required to consummate the Merger and the expiration of all statutory waiting periods.

  • COMPLAINTS AND INVESTIGATIONS 1. This article applies to complaints or allegations made externally and not from normal supervisory activities. 2. A department head shall be responsible for ensuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.

  • Credit Investigation In conjunction with your application for credit and, if approved, maintenance of your Account, you agree that we have the right to investigate your credit and employment history, to verify your credit references, to request and use credit reports, and to report the way you pay your Account to credit bureaus and other interested parties.

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