Government Proceedings. Each Party hereby warrants and represents that it knows of no pending or threatened governmental actions (judicial, regulatory or otherwise) that would or might prevent or materially interfere with its performance of this Agreement, and each Party hereby covenants and agrees promptly to notify the other in writing of the taking or threat of any such action.
Government Proceedings. Other than any regulatory consent or approval necessitated by the written agreement, effective June 17, 2010, by and among Seller, Hampton Roads Bankshares, Inc., the Federal Reserve Bank of Richmond and the Virginia Bureau of Financial Institutions, Seller is not subject to, and has not received any notice or advice that it may be subject to, any order, agreement, memorandum of understanding or other regulatory enforcement action or proceeding with or by any federal or state agency charged with the supervision or regulation of banks or engaged in the insurance of the deposits of banks or any other governmental agency having supervisory or regulatory authority with respect to Seller that could have a material adverse effect on the operation of the Banking Centers after the Closing Date or that could affect Seller’s ability to obtain the required regulatory approvals or to satisfy any of the other conditions required to be satisfied in order to consummate the transactions contemplated hereby.
Government Proceedings. Buyer is not subject to, and has not received any notice or advice that it may be subject to, any order, agreement, memorandum of understanding or other regulatory enforcement action or proceeding with or by any federal or state agency charged with the supervision or regulation of banks or engaged in the insurance of the deposits of banks or any other governmental agency having supervisory or regulatory authority with respect to Buyer that could affect Buyer’s ability to obtain the required regulatory approvals or to satisfy any of the other conditions required to be satisfied in order to consummate the transactions contemplated hereby.
Government Proceedings. Except for the FDIC/KDFI Consent Order dated January 24, 2011, and except as set forth in Confidential Schedule 6.11, Seller is not subject to, and has not received any notice or advice that it may be subject to, any order, agreement, memorandum of understanding or other regulatory enforcement action or proceeding with or by any federal or state agency charged with the supervision or regulation of banks or engaged in the insurance of the deposits of banks or any other governmental agency having supervisory or regulatory authority with respect to Seller that could have a material adverse effect on the operation of the Branches after the Closing Date or that could affect Seller’s ability to obtain the required regulatory approvals or to satisfy any of the other conditions required to be satisfied in order to consummate the transactions contemplated hereby.
Government Proceedings. Purchaser is not subject to, and has not received any notice or advice that it may be subject to, any order, agreement, memorandum of understanding or other regulatory enforcement action or proceeding with or by any federal or state agency charged with the supervision or regulation of banks or engaged in the insurance of the deposits of banks or any other governmental agency having supervisory or regulatory authority with respect to Purchaser that could affect Purchaser's ability to obtain the required regulatory approvals or to satisfy any of the other conditions required to be satisfied in order to consummate the transactions contemplated hereby.
Government Proceedings. Within ten (10) business days following the Effective Date, and pursuant to current statutory law, the Parties shall file or cause to be filed this Agreement with the U.S. Federal Trade Commission Bureau of Competition ("FTC") and the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice ("DOJ") and shall request that the FTC and DOJ treat this Agreement as confidential to the fullest extent permitted under the law.
Government Proceedings. There are no pending or, to Buyer’s knowledge, threatened actions or proceedings before any court or administrative agency or arbitrator that could adversely affect Buyer’s ability to perform its obligations under this Agreement.
Government Proceedings. Fulcrum Properties, L.P., a Delaware limited partnership (together with its successors and assigns, the "Company"), presented to the Issuer a proposal relating to the issuance of industrial revenue bonds and the development of a warehouse facility. The Issuer, by City Council ("Council") Ordinance adopted on November 13, 1996 (the "Ordinance"), authorized, among other matters, (i) the issuance of its City of Rio Rancho, New Mexico Taxable Industrial Development Revenue Bond (Fulcrum Properties, L.P. Project) Series 1996 (xxx "Xxxx") xx the principal amount not to exceed $2,100,000, and (ii) the execution and delivery of this Indenture.
Government Proceedings. (a) Upon execution of this Agreement, the Parties shall promptly inform the District Court that an agreement settling the Litigation has been executed and request that proceedings be stayed to permit the review provided for in this Section prior to termination of the Litigation.
(b) By no later than the *** following the Execution Date, the Parties shall each file or cause to be filed with the U.S. Federal Trade Commission, Bureau of Competition (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ”) this Agreement and any notifications to be filed pursuant to Title XI of the Medicare Prescription Drug Improvement and Modernization Act (Subtitle B — Federal Trade Commission Review) and any other applicable law, and shall request confidential treatment of any such submissions under all applicable law, rules and regulations.
(c) The Parties shall use all commercially reasonable efforts to coordinate the foregoing filings and any responses thereto, to make such filings promptly and in good faith and to respond promptly and in good faith to any requests for additional information made by either of such agencies, and to coordinate any necessary or desirable joint presentations. Each Party reserves the right to communicate with the FTC or DOJ regarding such filings as it believes appropriate. Each Party shall keep the other Parties informed of such communications and shall not disclose any confidential information of the other Parties without such other Parties’ consent, which will not be unreasonably withheld or delayed.
(d) If, within the *** period after the Parties have submitted this Agreement to the FTC and DOJ (the “FTC Review Period”), the FTC (or its staff) or the DOJ raises an objection or expresses a concern as to the provisions of this Agreement and if the FTC (or its staff) or DOJ indicates that the objections or concerns are likely to result in an investigation or a judicial or administrative proceeding against any of the Parties in relation to this Agreement that will continue beyond the FTC Review Period (a “Negative Response”), unless the Parties agree otherwise following review of the Negative Response, the Parties shall use their commercially reasonable efforts to overcome such Negative Response within the FTC Review Period (or such extended period as the Parties may agree), including using their commercially reasonable efforts to promptly meet in good faith to modify this Agreement and resubmit it for approval pursuant to...
Government Proceedings. Nothing in this Reaffirmation (or any other agreement incorporated by reference herein) shall be construed to prevent Executive from providing truthful testimony under oath in a judicial or administrative proceeding or to prohibit or interfere with Executive’s right to participate as a complainant or witness in any federal, state or local governmental agency investigation (including but not limited to any activities protected under the whistleblower provisions of any applicable laws or regulations), during which communications can be made without authorization by or notification to the Company. Employee is waiving, however, his right to any monetary recovery or relief (including but not limited to reinstatement of his employment) should the EEOC or any other agency or commission pursue any claims on his behalf; provided however, and for the avoidance of doubt, nothing herein prevents Executive from receiving any whistleblower award. Further, nothing in this Reaffirmation prevents Executive from providing, without prior notice to the Company, information to governmental authorities regarding possible legal violations or otherwise testifying or participating in any investigation or proceeding by any governmental authorities regarding possible legal violations.
