No Adverse Proceeding. No Proceeding shall have been instituted and be pending before a court or any other governmental agency or body which seeks to restrain or prohibit any of the Transactions; provided, however, that the provisions of this Section 9.4 shall not apply if Buyer has directly or indirectly solicited or encouraged any such Proceeding.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Waste Services, Inc.), Asset Purchase Agreement (Waste Services, Inc.)
No Adverse Proceeding. No Proceeding shall have been instituted and be pending before a court or any other governmental agency or body which seeks to restrain or prohibit any of the Transactions; provided, however, that the provisions of this Section 9.4 8.4 shall not apply if Buyer has Sellers have directly or indirectly solicited or encouraged any such Proceeding.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Waste Services, Inc.), Asset Purchase Agreement (Waste Services, Inc.)
No Adverse Proceeding. No Proceeding shall have been instituted and be pending before a court or any other governmental agency or body which seeks to restrain or prohibit any of the Transactions; provided, however, that the provisions of this Section 9.4 SECTION 8.4 shall not apply if Buyer Seller Parent or a Seller has directly or indirectly solicited or encouraged any such Proceeding.
Appears in 1 contract
Samples: Asset Purchase Agreement (Capital Environmental Resource Inc)
No Adverse Proceeding. No Proceeding shall have been instituted and be pending before a court or any other governmental agency or body which seeks to restrain or prohibit any of the Transactions; providedPROVIDED, howeverHOWEVER, that the provisions of this Section SECTION 9.4 shall not apply if Buyer Parent or Buyers has directly or indirectly solicited or encouraged any such Proceeding.
Appears in 1 contract
Samples: Asset Purchase Agreement (Capital Environmental Resource Inc)
