No Court Action. Neither the Issuer nor the Purchaser being precluded by an order or preliminary or permanent injunction of a, court of competent jurisdi ction from consummating the sale and purchase of the Shares pursuant to this Agreement (each party agreeing to use its reasonable best efforts to have any such injunction lifted ); and
No Court Action. The Parties shall not take any steps to resolve a dispute in Court before such time as the notice periods set out in 10.1 herein have expired, or by written agreement of the parties.
No Court Action. No court action or arbitration, with respect to any Disputes, may be commenced unless the parties first attempt negotiation and have submitted to mediation. Neither party may commence arbitration or litigation with respect to the matters submitted to mediation until the completion of the initial mediation session, or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first.
No Court Action. Exception. No action at law or in equity or otherwise, may be brought on any claim or other matter whatsoever against the Fund, the Trustees, or any of them, unless the Appeal Procedure has been followed. This provision, permitting court action, shall not be deemed to extent or reinstitute any claim or cause of action which has expired under the time limits set forth in this Trust Agreement, or in any Plan Document or regulations of the Trustees or under any Statute if such time limit has already expired. This Section shall not apply to matters covered entirely, or purportedly covered, by the terms of any insurance policy procured by the Trustees where the action is brought against the insurance company and not the Trustees.
No Court Action. No action, suit or proceeding shall have been instituted or shall have been threatened before any court or other governmental body or by any public authority to restrain, enjoin or prohibit the transactions contemplated herein, or which might subject any of the parties hereto or their directors or officers to any material liability, fine, forfeiture or penalty on the grounds that the transactions contemplated hereby, the parties hereto or their directors or officers, have violated any applicable law or regulation or have otherwise acted improperly in connection with the transactions contemplated hereby, and the parties hereto have been advised by counsel that, in the opinion of such counsel, such action, suit or proceeding raises substantial questions of law or fact which could reasonably be decided adversely to any party hereto or its directors or officers.
