Hart-Xxxxx-Xxxxxx Xxx. The provisions of the Hart-Xxxxx-Xxxxxx Xxx are not applicable to the transactions contemplated hereby and neither the Trust nor Seller is required to make any filings or submissions or obtain any approvals thereunder in connection herewith.
Hart-Xxxxx-Xxxxxx Xxx. Each of the Parties shall promptly file any Notification and Report Forms and related material that it may be required to file with the Federal Trade Commission and the Antitrust Division of the United States Department of Justice under the Hart-Xxxxx-Xxxxxx Xxx, shall use its best efforts to obtain an early termination of the applicable waiting period, and shall make any further filings or information submissions pursuant thereto that may be necessary, proper or advisable.
Hart-Xxxxx-Xxxxxx Xxx. If required by law, the parties shall, at their own expense, prepare and make appropriate filings under Title II of the Hart-Xxxxx-Xxxxxx Xxxitrust Improvement Act of 1976, as amended, and the rules and regulations promulgated thereunder (16 C.F.R. 801.1 et. seq.) (the "Act") as soon as reasonably practicable. The parties shall co-operate in the antitrust clearance process and agree to furnish promptly to the FTC and the Antitrust Division of the Department of Justice any additional information reasonably requested by them in connection with such filings.
Hart-Xxxxx-Xxxxxx Xxx. All applicable waiting periods (and all extensions thereof) under the HSR Act shall have expired or otherwise been terminated.
Hart-Xxxxx-Xxxxxx Xxx. All necessary pre-merger notification filings required under the HSR Act shall have been made with the Federal Trade Commission and the United States Department of Justice and the prescribed waiting period(s) (and any extensions thereof) will have expired or been terminated.
Hart-Xxxxx-Xxxxxx Xxx. All waiting periods under the HSR Act applicable to the transactions contemplated by this Agreement shall have expired, by passage of time or by valid early termination by the FTC or the DOJ; no representative of either the FTC or the DOJ shall be taking the position that any of such waiting periods has not commenced to run or has not expired for any reason; and no representative of either the FTC or the DOJ shall have requested a delay of the Closing for a period which has not expired, which request has not been withdrawn.
Hart-Xxxxx-Xxxxxx Xxx. Buyer and Sellers will file the Notification and Report Forms and related material that they are required to file with the Federal Trade Commission and the Antitrust Division of the United States Department of Justice under the HSR Act, will use their reasonable efforts to obtain an early termination of the applicable waiting period, and will make any further filings pursuant thereto that may be necessary, proper, or advisable, provided, however, that the reasonable efforts of Buyer shall not include (a) proffering Buyer's willingness to accept an order providing for the divestiture of such of the properties, assets, operations, or business of the Company or any Subsidiary (or, in lieu thereof, such properties, assets, operations, or business of Buyer or any of Buyer's affiliates) as are necessary to permit the consummation of the transactions contemplated by this Agreement, including an offer to hold separate such properties, assets, operations or businesses pending any such divestiture, (b) proffering Buyer's willingness to accept any other conditions, restrictions, limitations or agreements affecting the full rights of ownership of the Company's or any Subsidiary's assets (or any portion thereof) as may be necessary to permit the consummation of the transactions contemplated by this Agreement, or (c) entering into or continuing any litigation relating to this Agreement or the transactions contemplated hereby.
Hart-Xxxxx-Xxxxxx Xxx. If required by law, the parties will, at their own expense, prepare and make appropriate filings under Title II of the Hart-Xxxxx-Xxxxxx Xxxitrust Improvement Act of 1976, as amended, and the rules and regulations promulgated thereunder (16 C.F.R. 801.1 et. seq.) (the "Act") as soon as reasonably practicable. The parties shall cooperate in the antitrust clearance process and agree to furnish promptly to the FTC and the Antitrust Division of the Department of Justice any additional information reasonably requested by them in connection with such filings. In the event filing is required under the Act, but the waiting period has not expired within six (6) months (such period to be extended for any period of delay by any party in providing information requested by the FTC or the Department of Justice) either TDCC or Biosource may terminate this Agreement.
Hart-Xxxxx-Xxxxxx Xxx. If either Party is of the opinion that the transaction described in this instrument falls within the purview of the Hart-Xxxxx-Xxxxxx Xxx ("HSR Act"), Purchaser shall prepare and submit in a timely manner, any necessary filings for Purchaser in connection with the transactions contemplated by this Agreement under the HSR Act and the rules and regulations thereunder. Purchaser shall request expedited treatment of such filing by the Federal Trade Commission, shall promptly make any appropriate or necessary subsequent or supplemental filings, and shall furnish to Seller copies of all filings made under the HSR Act at the same time they are filed with the government.
Hart-Xxxxx-Xxxxxx Xxx. The Company shall, if required under the HSR Act (as defined below), promptly file any Notification and Report Forms and related material that it may be required to file with the Federal Trade Commission and the Antitrust Division of the United States Department of Justice under the Hart-Xxxxx-Xxxxxx Xxxitrust Improvements Act of 1976 (xxx "XXX Xxx"), xxall use its best efforts to obtain an early termination of the applicable waiting period, and shall make any further filings or information submissions pursuant thereto that may be necessary, proper or advisable.
