Common use of No Injunction or Other Action Clause in Contracts

No Injunction or Other Action. (A) There shall be no injunction, writ, preliminary restraining order or other order in effect of any nature issued by a court or governmental agency of competent jurisdiction directing that the transactions provided for in this Agreement not be consummated in the manner provided for in this Agreement. (B) No action or proceeding shall have been instituted and remain pending before a court or other governmental body of competent jurisdiction to restrain, prohibit or otherwise challenge the transactions contemplated by this Agreement (or seeking substantial damages from the Investor or the Company as a result thereof), other than any such action or proceeding which was instituted prior to the date of this Agreement of which the Investor was aware at least 15 days prior to such date or was instituted prior to, on or after such date but which is not reasonably likely to have a Material Adverse Effect or impair the ability of the Company or the Investor to perform their respective obligations hereunder. (C) No governmental or regulatory agency or body of competent jurisdiction shall have notified any party to this Agreement in writing that the consummation of the transactions contemplated hereby would constitute a violation of the laws of the United States or the laws of the jurisdiction to which such governmental or regulatory agency or body is subject and that it intends to commence proceedings to restrain consummation of such transactions, to force divestiture if the same are consummated or to materially modify the terms or results of such transactions, unless such governmental or regulatory agency or body shall have withdrawn such notice.

No Injunction or Other Action. (A) There shall be no injunction, writ, preliminary restraining order or other order in effect of any nature issued by a court or governmental agency of competent jurisdiction directing that the transactions provided for in this Agreement not be consummated in the manner provided for in this Agreement. (B) No action or proceeding shall have been instituted and remain pending before a court or other governmental body of competent jurisdiction to restrain, prohibit or otherwise challenge the transactions contemplated by this Agreement (or seeking substantial damages from the Investor or the Company as a result thereof), ) other than any such action or proceeding which was instituted prior to the date of this Agreement of which the Investor was aware at least 15 days prior to such date or was instituted prior to, on or after such date but which is not reasonably likely to have a Material Adverse Effect or impair the ability of the Company or the Investor to perform their respective obligations hereunder. (C) No governmental or regulatory agency or body of competent jurisdiction shall have notified any party to this Agreement in writing that the consummation of the transactions contemplated hereby would constitute a violation of the laws of the United States or the laws of the jurisdiction to which such governmental or regulatory agency or body is subject and that it intends to commence proceedings to restrain consummation of such transactions, to force divestiture if the same are consummated or to materially modify the terms or results of such transactions, unless such governmental or regulatory agency or body shall have withdrawn such notice.

No Injunction or Other Action. (A) There shall be no injunction, writ, preliminary restraining order or other order in effect of any nature issued by a court or governmental agency of competent jurisdiction directing that the transactions provided for in this Agreement to be consummated at the Second Closing not be consummated in the manner provided for in this Agreement. (B) No action or proceeding shall have been instituted and remain pending before a court or other governmental body of competent jurisdiction to restrain, prohibit or otherwise challenge the transactions contemplated by this Agreement to be consummated at the Second Closing (or seeking substantial damages from the Investor or the Company as a result thereof), ) other than any such action or proceeding which was instituted prior to the date of this Agreement of which the Investor was aware at least 15 days prior to such date or was instituted prior to, on or after such date but which is not reasonably likely to have a Material Adverse Effect or impair the ability of the Company or the Investor to perform their respective obligations hereunder. (C) No governmental or regulatory agency or body of competent jurisdiction shall have notified any party to this Agreement in writing that the consummation of the transactions contemplated hereby to be consummated at the Second Closing would constitute a violation of the laws of the United States or the laws of the jurisdiction to which such governmental or regulatory agency or body is subject and that it intends to commence proceedings to restrain consummation of such transactions, to force divestiture if the same are consummated or to materially modify the terms or results of such transactions, unless such governmental or regulatory agency or body shall have withdrawn such notice.