Orders and Injunctions. Whenever it appears to the commissioner either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any order of the commissioner issued pursuant to any section of this chapter or which is declared to be illegal in this chapter, the commissioner may:
1. Issue any order, including cease and desist, stop, and suspension orders, which the commissioner deems necessary or appropriate in the public interest or for the protection of purchasers. In addition to any other remedy authorized by this chapter, the commissioner may impose by order and collect a civil penalty in an amount not to exceed ten thousand dollars for each violation against any person found in an administrative action to have violated this chapter. The commissioner may bring an action in district court to recover penalties under this section. Any person aggrieved by an order issued under this subsection may request a hearing before the commissioner if the request is made, in writing, within ten days after receipt of the order. The hearing and any appeal therefrom must be held in accordance with chapter 28-32.
2. Apply to the district court of any county in this state for an injunction restraining such person and the person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction of engaging therein or doing any acts in furtherance thereof, and for such other and further relief as the facts may warrant. In any proceeding for an injunction, the commissioner may apply for and on due showing be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant and the defendant's agents, employees, partners, officers, or directors, and the production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this section, the court may grant such injunction as the facts may warrant. The court may not require the commissioner to post a bond.
Orders and Injunctions. An order shall have been entered in any action or proceeding before any United States federal or state court or governmental agency or other United States regulatory or administrative agency or commission (an "Order"), or a preliminary or permanent injunction by a United States court of competent jurisdiction shall have been issued and remain in effect (an "Injunction"), which, in either case, would have the effect of (i) preventing consummation of the Merger, or (ii) imposing material limitations on the ability of FSI effectively to acquire or hold the business of the Company and its subsidiaries taken as a whole or to exercise full rights of ownership of the Shares acquired by it; provided, however, that in order to invoke this condition, FSI shall have used in its judgment, its commercially reasonable best efforts to prevent such Order or Injunction or ameliorate the effects thereof.
Orders and Injunctions. If at any stage a final or temporary restraining order or interlocutory or interim injunction or similar order of any competent court is granted whereby Anesta is restrained from manufacturing, selling or otherwise dealing with Licensed Molecules in the Territory then Anesta’s obligations to purchase, use, sell, distribute and market such Licensed Molecules in such part of the Territory to which the said order or injunction applies pursuant to this Agreement shall be suspended for so long as such order or injunction applies whereby it is agreed and understood that the terms and conditions of this Clause 24 shall mutatis mutandis also apply in full thereto.
Orders and Injunctions. No Governmental Entity or court of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any Law, rule, regulation, executive order or Order which is then in effect and has the effect of restraining or making the Merger or the Stock Purchase illegal or otherwise prohibiting consummation of the Merger or the Stock Purchase.
Orders and Injunctions. No suit, action or other proceeding shall be pending or threatened in writing before any Governmental Authority seeking an unfavorable injunction, judgment, order, decree or ruling that would (i) prevent the performance of this Agreement or the consummation of any of the transactions contemplated hereby or declare unlawful any of the transactions contemplated hereby, (ii) cause any of the transactions contemplated by this Agreement to be rescinded following consummation or (iii) materially and adversely affect the right of the Company or any of its Subsidiaries to own its assets and conduct its business, and no such injunction, judgment, order, decree or ruling shall have been entered or be in effect.
Orders and Injunctions. No temporary restraining order, preliminary or permanent injunction or other order issued by any court of competent jurisdiction or other legal or regulatory restraint or prohibition preventing the consummation of the transactions contemplated by this Agreement shall be in effect. No action taken by any Governmental Authority, and no statute, rule, regulation or order shall have been enacted, entered, enforced or deemed applicable to the transactions contemplated by this Agreement, which makes the consummation of the transactions contemplated by this Agreement illegal.
Orders and Injunctions. No order shall have been entered in any action or proceeding before any United States federal or state court or governmental agency or other United States regulatory or administrative agency or commission (an "ORDER"), or a preliminary or permanent injunction by a United States court of competent jurisdiction shall have been issued and remain in effect (an "INJUNCTION"), which, in either case, would have the effect of (i) preventing consummation of the Merger, or (ii) imposing material limitations on the ability of MergeCo effectively to acquire or hold the business of the Company and its Subsidiaries taken as a whole or to exercise full rights of ownership of the Common Shares acquired by it; provided, however, that in order to invoke this condition, MergeCo shall have used in its good faith judgment, its commercially reasonable best efforts to prevent such Order or Injunction or ameliorate the effects thereof.
Orders and Injunctions. No suit, action or other proceeding shall be pending or threatened in writing before any Governmental Authority seeking an unfavorable injunction, judgment, order, decree or ruling that would (i) prevent the performance of this Agreement or the consummation of any of the transactions contemplated hereby or declare unlawful any of the transactions contemplated hereby, or (ii) cause any of the transactions contemplated by this Agreement to be rescinded following consummation, and no such injunction, judgment, order, decree or ruling shall have been entered or be in effect.
Orders and Injunctions. If at any stage a final or temporary restraining order or interlocutory or interim injunction or similar order of any competent court is granted whereby Anesta is restrained from manufacturing, selling or otherwise dealing with Licensed Products in conjunction with the Licensed Trademark in the Territory, then Anesta’s obligations to purchase, use, sell, distribute and market such Licensed Product in conjunction with the Licensed Trademark in the Territory to which the said order or injunction applies pursuant to this Agreement, shall be suspended for so long as such order or injunction applies whereby it is agreed and understood that the terms and conditions of this Clause 13.3 shall mutatis mutandis also apply in full thereto.
Orders and Injunctions. Neither Keystone nor NAB shall be ---------------------- subject to any order, decree or injunction of any court or agency of competent jurisdiction which enjoins or prohibits the Merger.
