Litigation; Injunctions. No action, suit, litigation, proceeding or investigation shall (i) have been formally instituted and be pending with regard to the Merger, or (ii) be threatened by any Governmental Authority with regard to the Merger, which, if resolved substantially in accordance with the plaintiff's demands, would be reasonably likely to materially and adversely affect the Merger contemplated by this Agreement. On the Closing Date, there shall not be in force any order or decree restraining or enjoining consummation of the Merger, or placing any limitation upon such consummation or to invalidate, suspend or require modification of any provision of this Agreement.
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Litigation; Injunctions. No action, suit, litigation, injunction, restraining order, proceeding or investigation shall (i) have been formally instituted and be pending with regard to the Mergerpending, or (ii) be threatened by any Person or Governmental Authority with regard to the MergerAuthority, which, if resolved substantially in accordance with the plaintiff's demands, which would be reasonably likely to materially and adversely affect the Merger and the other transactions contemplated by this AgreementAgreement and the Operative Documents. On the Closing Date, there shall not be in force any proceeding, order or decree restraining or enjoining consummation of the MergerMerger or the other transactions contemplated by this Agreement or the Operative Documents, or placing any limitation upon such consummation or to invalidate, suspend or require modification of any provision of this AgreementAgreement or the Operative Documents.
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Sources: Merger Agreement (Dynagen Inc)