Common use of No Restraint or Litigation Clause in Contracts

No Restraint or Litigation. (i) No order shall have been entered in any Action before any Governmental Body, and no preliminary or permanent injunction by a court of competent jurisdiction shall have been issued and remain in effect, that would have the effect of (a) making the purchase of, or payment for, any shares of Company Common Stock pursuant to this Agreement illegal, or (b) otherwise making the consummation of the Merger illegal; and (ii) no Action shall be pending before any Governmental Body or any such court against the Company that challenges the legality or validity of this Agreement, the Merger or any of the transactions contemplated hereby or seek damages or any other remedy in connection therewith (other than in connection with the exercise of dissenters' rights).

Appears in 2 contracts

Samples: Merger Agreement (THQ Inc), Merger Agreement (THQ Inc)

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No Restraint or Litigation. (i) No order shall have been entered in any Action before any Governmental Body, and no preliminary or permanent injunction by a court of competent jurisdiction shall have been issued and remain in effect, that would have the effect of (a) making the purchase of, or payment for, any shares of Company Common Stock pursuant to this Agreement illegal, or (b) otherwise making the consummation of the Merger illegal; and (ii) no Action shall be pending before any Governmental Body or any such court against the Company that challenges the legality or validity of this Agreement, the Merger or any of the transactions contemplated hereby or seek damages or any other remedy in connection therewith (other than in connection with the exercise of dissenters' rights)therewith.

Appears in 2 contracts

Samples: Merger Agreement (THQ Inc), Merger Agreement (THQ Inc)

No Restraint or Litigation. (i) No order shall have been entered in any Action before any Governmental Body, and no preliminary or permanent injunction by a court of competent jurisdiction shall have been issued and remain in effect, that would have the effect of (a) making the purchase of, or payment for, any shares exchange of Company Common Stock for the Merger Consideration pursuant to this Agreement illegal, or (b) otherwise making the consummation of the Merger illegal; and (ii) no Action shall be pending before any Governmental Body or any such court against the Company Company, Parent or Mergerco that challenges the legality or validity of this Agreement, the Merger or any of the transactions contemplated hereby Contemplated Transactions or seek damages or any other remedy in connection therewith (other than in connection with the exercise of dissenters' dissenters rights).

Appears in 1 contract

Samples: Merger Agreement (Bakbone Software Inc)

No Restraint or Litigation. (i) No order shall have been entered in any Action before any Governmental Body, and no preliminary or permanent injunction by a court of competent jurisdiction shall have been issued and remain in effect, that would have the effect of (a) making the purchase of, or payment for, any shares of Company Common Stock pursuant to this Agreement illegal, or (b) otherwise making the consummation of the Merger illegal; and (ii) no Action shall be pending before any Governmental Body or any such court against the Company Company, Parent or Mergerco that challenges the legality or validity of this Agreement, the Merger or any of the transactions contemplated hereby or seek damages or any other remedy in connection therewith (other than in connection with the exercise of dissenters' rights)therewith.

Appears in 1 contract

Samples: Merger Agreement (THQ Inc)

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No Restraint or Litigation. (i) No order shall have been entered in any Action before any Governmental Body, and no preliminary or permanent injunction by a court of competent jurisdiction shall have been issued and remain in effect, that would have the effect of (a) making the purchase of, or payment for, any shares of Company Common Stock pursuant to this Agreement illegal, or (b) otherwise making the consummation of the Merger illegal; and (ii) no Action shall be pending before any Governmental Body or any such court against the Company Company, the Effective Time Stockholders, Parent or Mergerco that challenges the legality or validity of this Agreement, the Merger or any of the transactions contemplated hereby or seek damages or any other remedy in connection therewith (other than in connection with the exercise of dissenters' rights)therewith.

Appears in 1 contract

Samples: Merger Agreement (THQ Inc)

No Restraint or Litigation. (i) No order shall have been entered in any Action before any Governmental Body, and no preliminary or permanent injunction by a court of competent jurisdiction shall have been issued and remain in effect, that would have the effect of (a) making the purchase of, or payment for, any shares of Company Common Stock pursuant to this Agreement illegal, or (b) otherwise making the consummation of the Merger illegal; and (ii) no Action shall be pending before any Governmental Body or any such court against the Company Company, Parent or Mergerco that challenges the legality or validity of this Agreement, the Merger or any of the transactions contemplated hereby or seek damages or any other remedy in connection therewith (other than in connection with the exercise of dissenters' appraisal rights).

Appears in 1 contract

Samples: Merger Agreement (THQ Inc)

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