FCC Filing. (a) The Emmis Entities and the Bonneville Entities have previously filed all applications with the FCC necessary to obtain the FCC Order, and shall cooperate in taking all commercially reasonable action necessary and proper to promptly obtain the FCC Order without a Material Adverse Condition and to cause the FCC Order to become a Final Action as soon as practicable, provided that commercially reasonable action shall not include payment or providing of material consideration to settle with an objecting party. The Emmis Entities and Bonneville Entities shall oppose and file such papers and pleadings with the FCC or other appropriate forum opposing and objecting to any petitions to deny or other objections filed with respect to the application for the FCC Order and any requests for reconsideration or judicial review of the FCC Order. (b) If the Closing shall not have occurred for any reason within the original effective period of the FCC Order, and neither party shall have terminated this Agreement under Article X, the parties shall jointly request an extension of the effective period of the FCC Order. No extension of the effective period of the FCC Order shall limit the exercise by either party of its right to terminate the Agreement under Article X. (c) The Emmis Entities and the Sinc▇▇▇▇ ▇▇▇ities have previously filed all applications with the FCC for the transactions contemplated by the Sinc▇▇▇▇ ▇▇▇eement and the Emmis Entities shall take all actions set forth in Sections 5.4(a) and (b) above with respect to such applications of the Emmis Entities.
Appears in 1 contract
Sources: Asset Exchange Agreement (Emmis Communications Corp)
FCC Filing. (a) The Emmis Entities and the Bonneville Entities have previously filed all applications with the FCC necessary to obtain the FCC Order, and shall will cooperate in taking all commercially reasonable action necessary and proper to promptly obtain the FCC Order without a Material Adverse Condition and to cause the FCC Order to become a Final Action as soon as practicable, provided that commercially reasonable action shall will not include payment or providing of material consideration to settle with an objecting party. The Emmis Entities and Bonneville Entities shall will oppose and file such papers and pleadings with the FCC or other appropriate forum opposing and objecting to any petitions to deny or other objections filed with respect to the application for the FCC Order and any requests for reconsideration or judicial review of the FCC Order.
(b) If the Closing shall has not have occurred for any reason within the original effective period of the FCC Order, and neither party shall have Party has terminated this Agreement under Article X, the parties shall Parties will jointly request an extension of the effective period of the FCC Order. No extension of the effective period of the FCC Order shall will limit the exercise by either party Party of its right to terminate the Agreement under Article X.
(c) The Emmis Entities and Bonneville Entities agree to cooperate in taking such action as necessary and appropriate to change, prior to Closing, the Sinc▇▇▇▇ ▇▇▇ities have previously filed all applications with association of the FCC for License identified on Schedule 5.4(c) in the transactions contemplated by the Sinc▇▇▇▇ ▇▇▇eement and the Emmis Entities shall take all actions set forth in Sections 5.4(a) and (b) above with respect to manner described on such applications of the Emmis EntitiesSchedule.
Appears in 1 contract
Sources: Asset Exchange Agreement (Emmis Communications Corp)