Common use of HSR Act Notification Clause in Contracts

HSR Act Notification. To the extent required by the HSR Act, each of the Company and the Investor shall (a) use commercially reasonable efforts to file or cause to be filed, within 10 business days after the date of this Agreement, or as promptly thereafter as practicable, with the United States Federal Trade Commission and the Antitrust Division of the United States Department of Justice, all reports and other documents required to be filed by it under the HSR Act concerning the transactions contemplated hereby and (b) use commercially reasonable efforts (including after the Closing Date if Non-Voting Preferred Stock (as defined below) is issued and delivered at the Closing in accordance with the provisions of Section 6.01(a)(iii)) to promptly comply with or cause to be complied with any requests by the United States Federal Trade Commission or the Antitrust Division of the United States Department of Justice for additional information concerning such transactions, in each case so that the waiting period applicable to this Agreement and the transactions contemplated hereby under the HSR Act shall expire as soon as practicable after the execution and delivery of this Agreement. Each of the Company and the Investor agrees to request, and to cooperate with the other in requesting, early termination of any applicable waiting period under the HSR Act. In addition, to the extent reasonably requested by the Company, the Investor will, and will cause its subsidiaries to, cooperate with the Company in providing information to, and responding to questions posed by, the United States Federal Trade Commission or the Antitrust Division of the United States Department of Justice in connection with the review of the Merger under the HSR Act.

HSR Act Notification. To the extent required by the HSR Act, each of the Company and shall, to the Investor shall extent it has not already done so, (a) use all commercially reasonable efforts to file or cause to be filed, within 10 business days as promptly as practicable after the date execution and delivery of this Agreement, or as promptly thereafter as practicable, with the United States Federal Trade Commission and the Antitrust Division of the United States Department of Justice, all reports and other documents required to be filed by it under the HSR Act concerning the transactions contemplated hereby and (b) use all commercially reasonable efforts (including after the Closing Date if Non-Voting Preferred Stock (as defined below) is issued and delivered at the Closing in accordance with the provisions of Section 6.01(a)(iii)) to promptly comply with or cause to be complied with any requests by the United States Federal Trade Commission or the Antitrust Division of the United States Department of Justice for additional information concerning such transactions, in each case so that the waiting period applicable to this Agreement and the transactions contemplated hereby under the HSR Act shall expire as soon as practicable after the execution and delivery of this Agreement. Each of the The Company and the Investor agrees to request, and to cooperate with the other Purchasers in requesting, early termination of any applicable waiting period under the HSR Act. In additionThe Company shall be responsible for the filing fees of the Purchasers payable under the HSR Act as contemplated by Section 5.03 of this Agreement. Notwithstanding any other provisions hereof, to the extent reasonably requested by the Company, the Investor will, and in no event will cause its subsidiaries to, cooperate with the Company or any of its controlled affiliates (as such terms are defined in providing information toRule 12b-2 promulgated under the Exchange Act) be required to enter into or offer to enter into any divestiture, and responding to questions posed byhold-separate, the United States Federal Trade Commission business limitation or the Antitrust Division of the United States Department of Justice similar agreement or undertaking in connection with this Agreement or the review of the Merger under the HSR Acttransactions contemplated hereby.

HSR Act Notification. To the extent required by the HSR Act, each of the Company and the Investor shall Purchaser shall, if it has not already done so, (a) use all commercially reasonable efforts to file or cause to be filed, within 10 business days as promptly as practicable after the date execution and delivery of this Agreement, or as promptly thereafter as practicable, with the United States Federal Trade Commission and the Antitrust Division of the United States Department of Justice, all reports and other documents required to be filed by it under the HSR Act concerning the transactions contemplated hereby and (b) use all commercially reasonable efforts (including after the Closing Date if Non-Voting Preferred Stock (as defined below) is issued and delivered at the Closing in accordance with the provisions of Section 6.01(a)(iii)) to promptly comply with or cause to be complied with any requests by the United States Federal Trade Commission or the Antitrust Division of the United States Department of Justice for additional information concerning such transactions, transactions in each case so that the waiting period applicable to this Agreement and the transactions contemplated hereby under the HSR Act shall expire as soon as practicable after the execution and delivery of this Agreement. Each of the Company and the Investor Purchaser agrees to request, and to cooperate with the other Company in requesting, early termination of any applicable waiting period under the HSR Act. In additionNotwithstanding any other provisions hereof, in no event will any Purchaser or any of their respective controlled affiliates (as such terms are defined in Rule 12b-2 promulgated under the Exchange Act) be required to the extent reasonably requested by the Companyenter into or offer to enter into any divestiture, the Investor willhold-separate, and will cause its subsidiaries to, cooperate with the Company in providing information to, and responding to questions posed by, the United States Federal Trade Commission business limitation or the Antitrust Division of the United States Department of Justice similar agreement or undertaking in connection with this Agreement or the review of the Merger under the HSR Acttransactions contemplated hereby.