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 8.4 shall not apply if 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 8.4 9.4 shall not apply if Sellers have 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 SECTION 8.4 shall not apply if Sellers have 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 8.4 SECTION 9.4 shall not apply if Sellers have 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)
