Common use of HSR Compliance Clause in Contracts

HSR Compliance. Company acknowledges that conversion of this Note by Holder may subject Holder to the filing requirements of the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended (the “HSR Act”). As such, conversion of this Note is subject to compliance by Holder all applicable filing requirements and the expiration of all waiting periods under the HSR Act (the “HSR Act Restrictions”). If, on or before the Target Date, Xxxxxx has sent a notice to Company of its intent to convert the Note pursuant to an optional conversion under Section 1, and Holder has not been able to effect the conversion of this Note on or prior to the Target Date because of HSR Act Restrictions, Holder shall be entitled to effect the conversion of this Note in accordance with the procedures contained herein notwithstanding the fact that the conversion of this Note would be effected after the Target Date. Company will cooperate with Holder in making all applicable filings under the HSR Act.

Appears in 2 contracts

Samples: Intercreditor Agreement (GlassHouse Technologies Inc), Intercreditor Agreement (GlassHouse Technologies Inc)

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HSR Compliance. Company acknowledges that conversion of this Note by the Holder (including any automatic conversion pursuant to Section 2 of this Note) may subject the Holder to the filing requirements of the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended (the “HSR Act”). As such, conversion of this Note is subject to compliance by the Holder all applicable filing requirements and the expiration of all waiting periods under the HSR Act (the “HSR Act Restrictions”). If, on or before the Target Date, Xxxxxx Holder has sent a notice to Company of its intent to convert the Note pursuant to an optional conversion under Section 12 of this Note or if this Note is required to be automatically converted in accordance with Section 1 of this Note, and Holder has not been able to effect the conversion of this Note on or prior to the Target Date because of HSR Act Restrictions, the Holder shall be entitled to effect the conversion of this Note in accordance with the procedures contained herein notwithstanding the fact that the conversion of this Note would be effected after the Target Date. Company will cooperate with the Holder in making all applicable filings under the HSR Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (GlassHouse Technologies Inc), Securities Purchase Agreement (GlassHouse Technologies Inc)

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