Mandatory Preferred Preliminary Order Sample Clauses

Mandatory Preferred Preliminary Order. In the event any Mandatory Preferred Preliminary Order is entered, issued, made, or rendered that prohibits or restricts the ability of any of the parties to this Agreement to consummate the transactions contemplated hereby, including the Stockholders Meeting or the Merger, the Company and Parent shall cooperate and use commercially reasonable efforts to promptly cause such prohibitions or restrictions to be lifted, including without limitation, with respect to the Company, taking steps necessary to appeal any such action. Subject to the foregoing sentence, notwithstanding any other provisions of this Agreement to the contrary, Parent and Sub acknowledge and agree that none of the treatment of the Mandatory Preferred Stock as contemplated by this Agreement, the bringing of any Mandatory Preferred Proceeding, or any change, effect, event or occurrence arising therefrom or the resolution thereof that is materially adverse to the business, properties, assets, condition (financial or otherwise), results of operations or prospects of the Company or its Subsidiaries shall, in any case (i) constitute a breach of any representation or warranty made by the Company in any Transaction Document, or (ii) constitute a default, nonsatisfaction or violation by the Company of any covenant, condition or agreement contained in any Transaction Document.