Common use of HSR Act; Other Pre-Merger Clearances Clause in Contracts

HSR Act; Other Pre-Merger Clearances. The waiting period, if any (and any extension thereof), applicable to the Merger under the HSR Act shall have been terminated or shall have expired. Any necessary pre-merger clearances or approvals pursuant to Legal Requirements applicable to VGX or its Subsidiaries or Inovio or Submerger in any jurisdiction shall have been received from the appropriate Governmental Entity or necessity of receipt prior to the Closing shall have been waived or acknowledged as unnecessary by the appropriate Governmental Entity, in each case where failure to receive such clearance or approval would constitute a Material Adverse Effect on the combined company.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Inovio Biomedical Corp), Agreement and Plan of Merger (Inovio Biomedical Corp), Merger Agreement (Inovio Biomedical Corp)

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HSR Act; Other Pre-Merger Clearances. The waiting period, if any any, (and any extension thereof), ) applicable to the First Merger under the HSR Act shall have been terminated or shall have expired. Any necessary pre-merger clearances or approvals pursuant to Legal Requirements applicable to VGX Fiberxon or its Subsidiaries or Inovio MRV, Luminent, Submerger or Submerger the Survivor in any jurisdiction shall have been received from the appropriate Governmental Entity or necessity of receipt prior to the Closing closing of the First Merger shall have been waived or acknowledged as unnecessary by the appropriate Governmental Entity, in each case where failure to receive such clearance or approval would constitute a Material Adverse Effect on the combined company.

Appears in 1 contract

Samples: Merger Agreement (MRV Communications Inc)

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