HART-SCOTT-RODINO ACT. The Coxxxxx xxx xxx Xxxer will each file the Notification and Report Forms and related material that they are required to file with the Federal Trade Commission and the Antitrust Division of the United States Department of Justice under the HSR Act, will use their reasonable efforts to obtain an early termination of the applicable waiting period, and will make any further filings pursuant thereto that may be necessary, proper, or advisable, provided, however, that the reasonable efforts of Buyer shall not include (a) proffering Buyer's willingness to accept an order providing for the divestiture of such of the properties, assets, operations, or business of the Company (or, in lieu thereof, such properties, assets, operations, or business of Buyer or any of Buyer's Affiliates) as are necessary to permit the consummation of the transactions contemplated by this Agreement, including an offer to hold separate such properties, assets, operations or businesses pending any such divestiture, (b) proffering Buyer's willingness to accept any other conditions, restrictions, limitations or agreements affecting the full rights of ownership of the Company's assets (or any portion thereof) as may be necessary to permit the consummation of the transactions contemplated by this Agreement, or (c) entering into or continuing any litigation relating to this Agreement or the transactions contemplated hereby and the reasonable efforts of the Company shall not include entering into or continuing any litigation relationship relating to this Agreement or the transactions contemplated hereby.
HART-SCOTT-RODINO ACT. (A) Each of the Parties will file (xxx xxx Xxxxxx xill cause each of its Subsidiaries to file) any Notification and Report Forms and related material that it may be required to file with the Federal Trade Commission and the DOJ or any other Governmental Entity under the Hart-Scott-Rodino Act, will use commercially reasonable bxxx xxxxxxx xx xbtain (and the Target will cause each of its Subsidiaries to use commercially reasonable efforts to obtain) an early termination of the applicable waiting period, and will make (and the Target will cause each of its Subsidiaries to make) any further filings pursuant thereto that may be necessary, proper, or advisable.
HART-SCOTT-RODINO ACT. Each of the Parties will file (axx Xxxxx xxxx cause each of its Subsidiaries to file) any Notification and Report Forms and related material that it may be required to file with the Federal Trade Commission and the Antitrust Division of the United States Department of Justice under the Hart-Scott-Rodino Act, will use its best efforts to obtain (and Dxxxx xxxl cause each of its Subsidiaries to use its best efforts to obtain) an early termination of the applicable waiting period, and will make (and Delta will cause each of its Subsidiaries to make) any further filings pursuant thereto that may be necessary, proper or advisable.
HART-SCOTT-RODINO ACT. All applicxxxx xxxxxxx xxriods under the H-S- R Act shall have expired or been terminated, and no action shall have been taken or formal protest made by the DOJ or FTC or any other person or entity to prohibit the transactions contemplated by this Agreement by reason of a claimed violation of any antitrust laws. Without limiting the foregoing, no obligation arising out of the H-S-R Act shall have been imposed on Sellers to divest any material portion of their business by reason of the transactions contemplated by this Agreement. The parties shall have until June 20, 1997, to satisfy the foregoing condition, and if the foregoing conditions shall not have been satisfied by such date, either party may elect to terminate this Agreement for failure to satisfy this condition in accordance with Article XI hereof; provided, however that if, on or prior to June 20, 1997, the DOJ or the FTC shall have made a second request for additional information or if any other action shall have been taken or formal protest made by the DOJ, FTC or any other person to prohibit the transactions contemplated by this Agreement (or to require the divestiture of any material portion of the business of Sellers) in each case, by reason of any antitrust law, with respect to the transactions contemplated hereby, the parties' respective rights to terminate as provided above shall not be exercisable until August 4, 1997.
HART-SCOTT-RODINO ACT. All necessary pre-merger notification filings rxxxxxxx xxxxx xxx HSR Act will have been made with the Federal Trade Commission and the United States Department of Justice, and the prescribed waiting period(s) (and any extensions thereof) will have expired or been terminated.
HART-SCOTT-RODINO ACT. To the knowledge of the Company, based on xxx xxxxxxx, xxx purposes of the Hart-Scott-Rodino Act, the "acquired person" in which the Companx xx xxxxxxxx xxxs not have total assets or annual net sales of one hundred million United States Dollars (US $100,000,000) or more.
HART-SCOTT-RODINO ACT. All applicable waiting periods (and any extenxxxxx xxxxxxx) xxder the Hart-Scott-Rodino Act shall have expired or otherwise been terminatex.
HART-SCOTT-RODINO ACT. Each of the Parties shall file xx xxx xxrliest possible time after the date hereof, the Notification and Report Forms and related material (if any) required to be filed by it with the Federal Trade Commission and the Antitrust Division of the United States Department of Justice under the Hart-Scott-Rodino Act, and each shall use its bxxx xxxxxxx xx xxtain an early termination of the applicable waiting period, and shall make promptly any further filings or information submissions pursuant thereto that may be necessary, proper or advisable; provided, 35PAGE however, that the Buyer shall not be obligated to respond to formal requests for additional information or documentary material pursuant to 16 C.F.R. 803.20 under the Hart-Scott-Rodino Act except to the extent it elects to dx xx xx its sole discretion.
HART-SCOTT-RODINO ACT. All appxxxxxxx xxxxxxx periods under the Hart-Scott-Rodino Antitrust Impxxxxxxxxx Xxx xx 1976 (the "H-S-R Act") shall have expired or been terminated.
HART-SCOTT-RODINO ACT. Alx xxxxxxxxxx xxxting periods underthe Hart-Scott- Rodino Antitrusx Xxxxxxxxenx Xxx of 1976 shall have expired or been terminated.
