No Challenge or Violation of Orders. No investigation, action, suit or proceeding by any governmental or regulatory commission, agency or authority, and no action, suit or proceeding by any other person, firm, corporation or entity, shall be pending or threatened on the Closing Date which challenges this Agreement or the closing of the transactions contemplated hereby, or which claims damages in a material amount as a result of the transactions contemplated hereby. No preliminary or permanent injunction or other order by any court or governmental or regulatory authority and no statute, rule, regulation, decree or executive order promulgated or enacted by any government or governmental or regulatory authority, that declares this Agreement invalid in any respect or prevents the consummation of the transactions contemplated hereby, shall be in effect.
Appears in 2 contracts
Samples: Purchase Agreement (U S Aggregates Inc), Asset Purchase Agreement (U S Aggregates Inc)
No Challenge or Violation of Orders. No investigation, action, suit or proceeding by any governmental or regulatory commission, agency or authority, and no action, suit or proceeding by any other person, firm, corporation or entity, shall be pending or threatened on the Closing Date which challenges this Agreement or the closing of the transactions contemplated hereby, or which claims damages in a material amount as a result of the transactions contemplated hereby. No preliminary or permanent injunction or other order by any court or governmental or regulatory authority authority, and no statute, rule, regulation, decree or executive order promulgated or enacted by any government or governmental or regulatory authority, that declares this Agreement invalid in any respect or prevents the consummation of the transactions contemplated hereby, shall be in effect.
Appears in 2 contracts
Samples: Purchase Agreement (U S Aggregates Inc), Asset Purchase Agreement (U S Aggregates Inc)
No Challenge or Violation of Orders. No investigation, action, suit or proceeding by any governmental or regulatory commission, agency or authority, and no action, suit or proceeding by any other person, firm, corporation or entity, shall be pending or threatened on the Closing Date which challenges this Agreement or the closing of the transactions contemplated herebyTransactions, or which claims damages in a material amount as a result of the transactions contemplated herebyTransactions, except for an appeal of the Sale Order. No preliminary or permanent injunction injunction, temporary restraining order or other order by any court or governmental or regulatory authority and no statute, rule, regulation, decree or executive order promulgated or enacted by any government or governmental or regulatory authority, that declares this Agreement invalid in any respect or prevents the consummation of the transactions contemplated herebyTransactions, shall be in effect. The Sellers hereby waive this SECTION 10.3 solely for an appeal of the Sale Order.
Appears in 1 contract
Samples: Agreement of Purchase and Sale of Assets (U S Aggregates Inc)