Common use of No Governmental Restriction Clause in Contracts

No Governmental Restriction. There shall not be any pending or overtly threatened suit or action asserted by any Governmental Entity (i) challenging or seeking to restrain or prohibit the consummation of Merger I or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Parent or the Company or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.

No Governmental Restriction. There shall not be any pending or --------------------------- overtly threatened suit or action asserted by any Governmental Entity Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger I or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Parent Avanex or the Company Oplink or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.

No Governmental Restriction. There shall not be any pending or overtly threatened suit or action asserted by any Governmental Entity Authority (i) challenging or seeking to restrain or prohibit the consummation of Merger I the Asset Purchase or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Parent Avanex or the Company Corning or any subsidiary Subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.

No Governmental Restriction. There shall not be any pending or overtly threatened suit or action asserted by any Governmental Entity (i) challenging or seeking to restrain or prohibit the consummation of Merger I the Share Contribution or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Parent or Omneon, the Company or any subsidiary Subsidiary or affiliate Affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.

No Governmental Restriction. There shall not be any --------------------------- pending or overtly threatened suit or action asserted by any Governmental Entity Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger I or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Parent Avanex or the Company Oplink or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.

No Governmental Restriction. There shall not be any pending or overtly threatened suit or action asserted by any Governmental Entity Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger I or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Parent Western Multiplex or the Company Proxim or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.

No Governmental Restriction. There shall not be any pending or overtly threatened suit or action asserted by any Governmental Entity Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger I or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Parent Maxim or the Company EpiCept or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.