Common use of Litigation Affecting Closing Clause in Contracts

Litigation Affecting Closing. There shall not be pending or threatened any action or proceeding for any injunction, writ, or preliminary restraining order, or for any order of any court, governmental agency, or arbitrator, domestic or foreign, federal, state, or local, of competent jurisdiction, or any investigation or examination which might result in such an action or proceeding, directing that the sale of the Purchased Assets to Horizon or any of the other transactions contemplated by this Agreement not be consummated or otherwise challenging the legality thereof, and there shall not be in effect on the Closing Date any such injunction, writ, or preliminary restraining order or such other order.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Horizon Medical Products Inc), Asset Purchase Agreement (Horizon Medical Products Inc)

Litigation Affecting Closing. There shall not be pending or threatened any action or proceeding for any injunction, writ, writ or preliminary restraining order, order or for any order of any court, governmental agency, agency or arbitrator, domestic or foreign, federal, state, or local, of competent jurisdiction, or any investigation or examination which might result in such an action or proceeding, directing that the sale of the Purchased Assets to Horizon Arrow or any of the other transactions contemplated by this Agreement not be consummated or otherwise challenging the legality thereof, and there shall not be in effect on the Closing Date any such injunction, writ, writ or preliminary restraining order or such other order.

Appears in 1 contract

Sources: Asset Purchase and Stock Redemption Agreement (Horizon Medical Products Inc)