Statutes; Court Orders. No statute, rule or regulation shall have been enacted or promulgated by any Governmental Authority which prohibits the consummation of the Merger, and there shall be no order or injunction of a court of competent jurisdiction in effect preventing consummation of the Merger; provided, however, that prior to invoking this condition, the party so invoking this condition shall have complied with its obligations under Section 5.4; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Segue Software Inc), Agreement and Plan of Merger (Borland Software Corp)
Statutes; Court Orders. No statute, rule or regulation shall have been enacted or promulgated by any Governmental Authority which prohibits the consummation of the Merger, and there There shall be no order or injunction of a court of competent jurisdiction in effect preventing the consummation of the Merger; provided, however, Merger (provided that prior to invoking this condition, condition the relevant party so invoking this condition shall have complied with its obligations under Section 5.46.3); and
Appears in 2 contracts
Samples: Iv Agreement and Plan of Merger (Opsware Inc), Iv Agreement and Plan of Merger (Hewlett Packard Co)
Statutes; Court Orders. No statute, rule or regulation shall have been enacted or promulgated by any Governmental Authority which prohibits the consummation of the Merger, and there There shall be no order or injunction of a court of competent jurisdiction in effect preventing the consummation of the Merger; provided, however, Merger (provided that prior to invoking this condition, condition the relevant party so invoking this condition shall have complied in all material respects with its obligations under Section 5.46.3) and no statute, rule, regulation or order shall have been enacted, entered, enforced or deemed applicable to the Merger, which makes the consummation of the Merger illegal; and
Appears in 1 contract
Samples: Agreement and Plan of Merger (Covad Communications Group Inc)