Common use of Statutory Requirements; Litigation Clause in Contracts

Statutory Requirements; Litigation. All statutory requirements ---------------------------------- for the valid consummation by VJET and Airways of the transaction contemplated by this Agreement and the Plan of Merger shall have been fulfilled; all authorizations, consents and approvals of all federal, state or local governmental agencies and authorities required to be obtained in order to permit consummation by VJET and Airways of the transactions contemplated by this Agreement and the Plan of Merger and to permit the business presently carried on by VJET to continue unimpaired immediately following the Effective Date of the Merger shall have been obtained; the FAA and DOT shall have approved the transaction in such a manner that Airways and its Subsidiaries will not after the Merger become subject to any restrictions currently applicable to VJET or its Subsidiaries or subject to any restrictions not currently applicable to Airways and its Subsidiaries; between the date of this Agreement and the Effective Date of the Merger no governmental agency, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to Airways, any of its Subsidiaries, VJET or its Subsidiaries) an investigation which is pending on the Effective Date of the Merger relating to the Merger and between the date of this Agreement and the Effective Date of the Merger no action or proceeding shall have been instituted or, to the knowledge of Airways, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transaction contemplated by this Agreement or the Plan of Merger or to obtain damages in respect thereof.

Appears in 1 contract

Samples: Plan of Reorganization and Agreement (Valujet Inc)

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Statutory Requirements; Litigation. All statutory requirements ---------------------------------- for the valid consummation by VJET MGC and Airways LJ. Net of the transaction transactions contemplated by this Agreement and the Plan of Merger shall have been fulfilled; all authorizations, consents and approvals of all federal, state or local governmental agencies and authorities required to be obtained in order to permit consummation by VJET MGC and Airways LJ. Net of the transactions contemplated by this Agreement and the Plan of Merger and to permit the business presently carried on by VJET LJ. Net to continue unimpaired immediately following the Effective Date of the Merger shall have been obtained; the FAA and DOT shall have approved the transaction in such a manner that Airways and its Subsidiaries will not after the Merger become subject to any restrictions currently applicable to VJET or its Subsidiaries or subject to any restrictions not currently applicable to Airways and its Subsidiaries; between the date of this Agreement and the Effective Date of the Merger Merger, no governmental agency, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to Airways, any of its Subsidiaries, VJET LJ. Net or its SubsidiariesMGC) an investigation which is pending on the Effective Date of the Merger relating to the Merger and between the date of this Agreement and the Effective Date of the Merger no action or proceeding shall have been instituted or, to the knowledge of AirwaysMGC, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transaction contemplated by this Agreement or the Plan of Merger or to obtain damages in respect thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MGC Communications Inc)

Statutory Requirements; Litigation. All statutory requirements ---------------------------------- for the valid consummation by VJET and Airways of the transaction contemplated by this Agreement and the Plan of Merger shall have been fulfilled; all authorizations, consents and approvals of all federal, state or local governmental agencies and authorities required to be obtained in order to permit consummation by VJET and Airways of the transactions contemplated by this Agreement and the Plan of Merger and to permit the business presently carried on by VJET to continue unimpaired immediately following the Effective Date of the Merger shall have been obtained; the FAA and DOT shall have approved the transaction in such a manner that Airways and its Subsidiaries will not after the Merger become subject to any restrictions currently applicable to VJET or its Subsidiaries or subject to any restrictions not currently applicable to Airways and its Subsidiaries; between the date of this Agreement and the Effective Date of the Merger no governmental agency, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to Airways, any of its Subsidiaries, VJET or its Subsidiaries) an investigation which is pending on the Effective Date of the Merger relating to the Merger and between the date of this Agreement and the Effective Date of the Merger no action or proceeding shall have been instituted or, to the knowledge of Airways, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transaction contemplated by this Agreement or the Plan of Merger or to obtain damages in respect thereof.

Appears in 1 contract

Samples: Plan of Merger (Airways Corp)

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Statutory Requirements; Litigation. All statutory requirements ---------------------------------- for the valid consummation by VJET Intelispan, Acquisition and Airways Devise of the transaction transactions contemplated by this Agreement and the Plan of Merger shall have been fulfilled; all authorizations, consents and approvals of all federal, state or local governmental agencies and authorities required to be obtained in order to permit consummation by VJET Intelispan, Acquisition and Airways Devise of the transactions contemplated by this Agreement and the Plan of Merger and to permit the business presently carried on by VJET Devise to continue unimpaired immediately following the Effective Date of the Merger shall have been obtained; the FAA and DOT shall have approved the transaction in such a manner that Airways and its Subsidiaries will not after the Merger become subject to any restrictions currently applicable to VJET or its Subsidiaries or subject to any restrictions not currently applicable to Airways and its Subsidiaries; between the date of this Agreement and the Effective Date of the Merger Merger, no governmental agency, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to Airways, any of its Subsidiaries, VJET Devise or its SubsidiariesIntelispan) an investigation which is pending on the Effective Date of the Merger relating to the Merger and between the date of this Agreement and the Effective Date of the Merger no action or proceeding shall have been instituted or, to the knowledge Knowledge of AirwaysIntelispan, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transaction contemplated by this Agreement or the Plan of Merger or to obtain damages in respect thereof.

Appears in 1 contract

Samples: Amended Agreement and Plan of Merger (Intelispan Inc /Wa/)

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