Competition Act Clearance Process Clause Samples

Competition Act Clearance Process. Buyer and MDS shall promptly furnish to the Commissioner, or her authorized representative under the Competition Act, any additional information required or reasonably requested under the Competition Act. All requests and enquiries from the Commissioner or her authorized representative under the Competition Act will be dealt with by MDS and Buyer in consultation with the other. MDS and Buyer will: (a) not extend or consent to any extension of any waiting period under the Competition Act or enter into any agreement with the Commissioner, or her authorized representative under the Competition Act, to not consummate any of the transactions contemplated in this Agreement, including under any Regional Purchase Agreement, except with the consent of the other; (b) promptly notify the other of written communications of any nature from the Commissioner, or her authorized representative under the Competition Act, relating to such transactions and provide the other with copies thereof, except to the extent of competitively sensitive information, which competitively sensitive information will be provided only to the external legal counsel and/or external expert of the other and will not be shared by such counsel or expert with any other Person; (c) permit the other to review in advance any proposed written communications of any nature with the Commissioner, or her authorized representative under the Competition Act, relating to such transactions, and provide the other with final copies thereof, except to the extent of competitively sensitive information, which competitively sensitive information will be provided only to the external legal counsel and/or external expert of the other and will not be shared by such counsel with any other Person; and (d) not participate in any substantive meeting or discussion (whether in person, by telephone or otherwise) with the Commissioner, or her authorized representative under the Competition Act, in respect of any filings, investigation or inquiry concerning such transactions unless it consults with the other in advance and gives the other the opportunity to attend and participate thereat (except where the Commissioner, or her authorized representative under the Competition Act, expressly requests that the other should not be present at the meeting or discussion or part or parts of the meeting or discussion).