Common use of No Injunction or Litigation Clause in Contracts

No Injunction or Litigation. No injunction or binding order, --------------------------- decree or ruling issued by any court or governmental agency shall be in effect which prevents the consummation of the transactions contemplated hereby and there shall be no litigation and no public or private proceeding which seeks to prevent, or seeks damages with respect to, the transactions contemplated by this Agreement.

No Injunction or Litigation. No injunction or binding order, --------------------------- decree or ruling issued by any court or governmental agency shall be in effect which prevents the consummation of the transactions contemplated hereby and there shall be no litigation and no public or private proceeding which seeks to prevent, or seeks damages with respect to, the transactions contemplated by this Agreement; provided that the foregoing sentence shall not be construed to apply as a condition to Closing hereunder if such injunction or litigation is commenced by the Investor.