Statutes; Court Orders. No statute, rule or regulation shall have been enacted or promulgated by any Governmental Authority which prohibits the consummation of the Merger, and there shall be no order or injunction of a court of competent jurisdiction in effect preventing consummation of the Merger; provided, however, that prior to invoking this condition, the party so invoking this condition shall have complied with its obligations under Section 5.4; and
Appears in 2 contracts
Samples: Merger Agreement (Segue Software Inc), Merger Agreement (Borland Software Corp)
Statutes; Court Orders. No statute, rule or regulation shall have been enacted or promulgated by any Governmental Authority which prohibits the consummation of the Merger, and there There shall be no order or injunction of a court of competent jurisdiction in effect preventing the consummation of the Merger; provided, however, Merger (provided that prior to invoking this condition, condition the relevant party so invoking this condition shall have complied with its obligations under Section 5.46.3); and
Appears in 2 contracts
Samples: Merger Agreement (Opsware Inc), Merger Agreement (Hewlett Packard Co)
Statutes; Court Orders. No statute, rule or regulation shall have been enacted or promulgated by any Governmental Authority Entity which prohibits the consummation of the Merger, and there shall be no order or injunction of a court of competent jurisdiction in effect preventing consummation of the Merger; provided, however, that prior to invoking this condition, the party so invoking this condition shall have complied with its obligations under Section 5.4; and7.9 and the parties herewith shall have used their reasonable best efforts to lift or remove such order or injunction;
Appears in 1 contract
Samples: Merger Agreement (Cendant Corp)
Statutes; Court Orders. No statute, rule or regulation shall have been enacted or promulgated by any Governmental Authority which prohibits the consummation of the Merger, and there There shall be no order or injunction of a court of competent jurisdiction in effect preventing the consummation of the Merger; provided, however, Merger (provided that prior to invoking this condition, condition the relevant party so invoking this condition shall have complied in all material respects with its obligations under Section 5.46.3) and no statute, rule, regulation or order shall have been enacted, entered, enforced or deemed applicable to the Merger, which makes the consummation of the Merger illegal; and
Appears in 1 contract
