Merger Control Condition Clause Samples
Merger Control Condition. The obligations of the Purchasers and the Seller to close the sale/purchase transaction hereunder shall be conditioned upon the satisfaction of the following:
(i) the German Federal Cartel Office having failed to notify the notifying parties within one month after submission of a complete filing of the proposal of the sale/purchase transaction hereunder in accordance with Section 39 GWB that it has initiated a formal investigation; or
(ii) the German Federal Cartel Office having failed to serve on the notifying parties an order pursuant to Section 40 para. 2 sentence 1 GWB within the time periods required pursuant to Section 40 para. 2 GWB or within the time period of any extension of the review period pursuant to Section 40 para. 2 sentence 4 Nr. 1 GWB; or
(iii) the German Federal Cartel Office having notified the Seller and the Purchasers, or either of them, in writing that it will not prohibit the sale/purchase transaction hereunder.
Merger Control Condition. From the date of this Agreement until the date on which the Merger Control Condition is satisfied or waived by the Investor and RBSG the provisions of Schedule 15 shall apply in place of the provisions of Clauses 3.1 to 3.10.1, other than Clause 3.7.1. From the date on which the Merger Control Condition is satisfied or waived by the Investor and RBSG the provisions of Clauses 3.1 to 3.10.1 shall apply and the provisions of Schedule 15 shall cease to apply.