Common use of No Actions, Suits or Proceedings Clause in Contracts

No Actions, Suits or Proceedings. As of the Closing Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the knowledge of the parties to this Agreement, threatened, before any court or governmental body (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the condition, financial or otherwise, or prospects of the Drug Discovery Program. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive shall be pending, and PerSeptive shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.

No Actions, Suits or Proceedings. As of the Closing Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity entity, other than the Buyer or its affiliates, shall be pending or, to the knowledge of the parties to this Agreement, threatened, before any court or governmental body (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of of, this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially an adverse effect on the condition, condition (financial or otherwise, other) or prospects of the Drug Discovery ProgramSeller. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive the Seller shall be pending, and PerSeptive the Seller shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.

No Actions, Suits or Proceedings. As of the Closing Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the knowledge of the parties to this Agreement, threatened, before any court or governmental body (i) to prohibit or materially restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the condition, financial or otherwise, or prospects of the Drug Discovery Programbusiness. No order, decree or judgment of any court or governmental body shall have been issued prohibiting or materially restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive Buyer shall be pending, and PerSeptive Buyer shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.

No Actions, Suits or Proceedings. As No Order of any Court or ------------------------------------ Governmental Authority shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the Closing Date, no action, suit, investigation or proceeding brought transactions contemplated by any person, corporation, governmental agency or this Agreement and the other entity Documents. No Litigation shall be pending or, to the knowledge of the parties to this Agreement, threatened, before any court Court or governmental body Governmental Authority (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or any of the other Documents or the consummation of the transactions contemplated herebyhereby or thereby, or (ii) which has had or reasonably may be expected to have a materially adverse effect Material Adverse Effect on the condition, financial or otherwise, or prospects of the Drug Discovery Program. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this AgreementBusiness. No insolvency proceeding of any character including character, including, without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive the Seller shall be pending, and PerSeptive the Seller shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.

No Actions, Suits or Proceedings. As of the Closing Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the knowledge of the parties to this Agreement, threatened, before any court or governmental body (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the condition, financial or otherwise, or prospects of the Drug Discovery ProgramBuyer or the Company. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive the Company or any Seller shall be pending, and PerSeptive neither the Company nor any Seller shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.

No Actions, Suits or Proceedings. As of the Closing Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the knowledge of the parties to this AgreementSellers, threatened, before any court or governmental body (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the condition, financial or otherwise, or prospects of the Drug Discovery ProgramCompany. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive the Company shall be pending, and PerSeptive the Company shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedingsproceedings and the Sellers shall have delivered to the Buyer a certificate, dated the Closing Date, to such effect.

No Actions, Suits or Proceedings. As of the Closing Effective Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the best knowledge of the parties to this AgreementSeller, threatened, before any court or governmental body (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the condition, financial or otherwise, or prospects of any of the Drug Discovery ProgramCompanies. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive any of the Companies shall be pending, and PerSeptive none of the Companies shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedingsproceedings and the Seller shall deliver to the Buyer a certificate, dated the Effective Date, to such effect.

No Actions, Suits or Proceedings. As of the Closing Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the knowledge of the parties to this Agreement, threatened, before any court or governmental body (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the condition, financial or otherwise, or prospects of the Drug Discovery ProgramCompany. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive the Company or any Seller shall be pending, and PerSeptive neither the Company nor any Seller shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.

No Actions, Suits or Proceedings. As Except as shown on Schedule 3.5(d), as of the Closing Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the best knowledge of the parties to this AgreementSeller, threatened, before any court or governmental body (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the condition, financial or otherwise, or prospects of the Drug Discovery ProgramSeller. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive Seller shall be pending, and PerSeptive Seller shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.

No Actions, Suits or Proceedings. As of the Closing Date, no action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the knowledge of the parties to this Agreement, threatened, before any court or governmental body (i) to prohibit or materially restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the condition, financial or otherwise, or prospects of the Drug Discovery Programbusiness. No order, decree or judgment of any court or governmental body shall have been issued prohibiting or materially restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive Argentys shall be pending, and PerSeptive Argentys shall not shall have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.

No Actions, Suits or Proceedings. As of the Closing Date, no -------------------------------- action, suit, investigation or proceeding brought by any person, corporation, governmental agency or other entity shall be pending or, to the knowledge of any of the parties to this Agreement, threatened, before any court or governmental body (i) to restrain, prohibit, restrict or delay, or to obtain damages or a discovery order in respect of this Agreement or the consummation of the transactions contemplated hereby, or (ii) which has had or may have a materially adverse effect on the Assets or the condition, financial or otherwise, or prospects of the Drug Discovery ProgramCompany. No order, decree or judgment of any court or governmental body shall have been issued restraining, prohibiting, restricting or delaying, the consummation of the transactions contemplated by this Agreement. No insolvency proceeding of any character including without limitation, bankruptcy, receivership, reorganization, dissolution or arrangement with creditors, voluntary or involuntary, affecting PerSeptive the Company or any Stockholder shall be pending, and PerSeptive neither the Company nor any Seller shall not have taken any action in contemplation of, or which would constitute the basis for, the institution of any such proceedings.