Common use of Competing Transactions Clause in Contracts

Competing Transactions. Neither Buyer nor any of its Affiliates is party to, or is contemplating entering into, any material transaction of any sort, including a transaction to acquire, whether by merging or consolidating with, or by purchasing a substantial portion of the assets of or equity in, or by any other manner, or be acquired by, any Person where the entering into of a definitive agreement relating to, or the consummation of, such acquisition would reasonably be expected to: (a) materially increase the risk of not obtaining, consents of Governmental Entities necessary to consummate the transactions contemplated by this Agreement or the Ancillary Agreements, (b) materially increase the risk of any Governmental Entity entering an Order prohibiting the consummation of the transactions contemplated hereby or thereby or (c) otherwise materially impair the ability of Buyer or any of its Affiliates to perform their material obligations under this Agreement and the Ancillary Agreements.