No Action by Governmental Entity. (i) No Governmental Entity shall have enacted, issued, promulgated, enforced or entered any order or Law which is in effect which would, and (ii) there shall not be instituted or pending any action, suit or proceeding in which any Governmental Entity seeks to, (A) make the Merger illegal or otherwise challenge, restrain or prohibit consummation of the Merger or the other transactions contemplated by this Agreement or (B) cause the transactions contemplated by this Agreement to be rescinded following consummation, provided that the Company may not invoke the condition set forth in Section 6.1.6(ii) unless and until it has used all commercially reasonable efforts to have such action, suit or proceeding dismissed.
Appears in 3 contracts
Samples: Merger Agreement (Dicks Sporting Goods Inc), Merger Agreement (Dicks Sporting Goods Inc), Agreement and Plan of Merger (Golf Galaxy, Inc.)
No Action by Governmental Entity. (i) No Governmental Entity shall have enacted, issued, promulgated, enforced or entered any order Order or Applicable Law which is in effect which would, and (ii) there shall not be instituted or pending any action, suit or proceeding in which any Governmental Entity seeks to, (A) make the Merger illegal or otherwise challenge, restrain or prohibit consummation of the Merger or the other transactions contemplated by this Agreement or (B) cause the transactions contemplated by this Agreement to be rescinded following consummation, provided that the Company may not invoke the condition set forth in Section 6.1.6(ii6.1.5(ii) unless and until it has used all commercially reasonable efforts to have such action, suit or proceeding dismissed.
Appears in 2 contracts
Samples: Merger Agreement (G&R Acquisition, Inc.), Merger Agreement (Max & Ermas Restaurants Inc)
