Common use of Statutory Requirements; Litigation Clause in Contracts

Statutory Requirements; Litigation. In a manner satisfactory to Perma-Fix, (i) all statutory requirements for the valid consummation by Chem-Con, the Xxxxxxxx Trusts and the Sullivans of the transactions contemplated by this Agreement shall have been fulfilled; all authorizations, consents and approvals of all Governmental Authorities required to be obtained in order to permit consummation by Chem- Con, the Xxxxxxxx Trusts and the Sullivans of the transactions contemplated by this Agreement and to permit the business presently conducted by Chem-Con to continue unimpaired immediately following the Closing shall have been obtained; and, (ii) all applications for permits shall have been approved by the appropriate Governmental Authorities and all authorizations and approvals relating to all permits and licenses held by Chem-Con shall have been obtained from the appropriate Governmental Authorities under any and all of the Environmental Laws as a result of the change in ownership of Chem-Con, pursuant to the terms of this Agreement, with such permits, approvals and authorizations to be in form and substance satisfactory to Perma-Fix, so that Chem-Con is permitted to continue unimpaired immediately following the Closing Date the same business operations that Chem-Con carried on as of the date of this Agreement and the Closing Date. Between the date of this Agreement and the Closing, no Governmental Authority, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to any of Chem-Con, the Sullivans and/or the Xxxxxxxx Trusts or any of their subsidiaries) an investigation which is pending on the Closing relating to this Agreement and the transactions contemplated hereby, and between the date of this Agreement and the Closing no action or proceeding shall have been instituted or, to the knowledge of Perma-Fix, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transactions contemplated by this Agreement or to obtain damages in respect thereof.

Statutory Requirements; Litigation. In a manner satisfactory to Perma-Fix, (i) all statutory requirements for the valid consummation by Chem-ConMet, the Xxxxxxxx Trusts and the Sullivans of the transactions contemplated by this Agreement shall have been fulfilled; all authorizations, consents and approvals of all Governmental Authorities required to be obtained in order to permit consummation by Chem- ConMet, the Xxxxxxxx Trusts and the Sullivans of the transactions contemplated by this Agreement and to permit the business presently conducted by Chem-Con Met to continue unimpaired immediately following the Closing shall have been obtained; and, (ii) all applications for permits shall have been approved by the appropriate Governmental Authorities and all authorizations and approvals relating to all permits and licenses held by Chem-Con Met shall have been obtained from the appropriate Governmental Authorities under any and all of the Environmental Laws as a result of the change in ownership of Chem-ConMet, pursuant to the terms of this Agreement, with such permits, approvals and authorizations to be in form and substance satisfactory satis- factory to Perma-Fix, so that Chem-Con Met is permitted to continue unimpaired immediately following the Closing Date the same business operations that Chem-Con Met carried on as of the date of this Agreement and the Closing Date. Between the date of this Agreement and the Closing, no Governmental Authority, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to any of Chem-ConMet, the Sullivans and/or the Xxxxxxxx Trusts or any of their subsidiaries) an investigation which is pending on the Closing relating to this Agreement and the transactions contemplated hereby, and between the date of this Agreement and the Closing no action or proceeding shall have been instituted or, to the knowledge of Perma-Fix, shall have been threatened before a court or other governmental govern- mental body or by any public authority to restrain or prohibit the transactions contemplated by this Agreement Agree- ment or to obtain damages in respect thereof.

Statutory Requirements; Litigation. In a manner satisfactory to Perma-Fix, (i) all statutory requirements for the valid consummation by Chem-Con, the Xxxxxxxx Trusts M&EC and the Sullivans Stockholders of the transactions contemplated by this Agreement shall have been fulfilled; all authorizations, consents and approvals of all Governmental Authorities required to be obtained in order to permit consummation by Chem- Con, the Xxxxxxxx Trusts M&EC and the Sullivans Stockholders of the transactions contemplated by this Agreement and to permit the business presently conducted by Chem-Con M&EC to continue unimpaired immediately following the Closing shall have been obtained; and, (ii) all applications for permits shall have been approved by the appropriate Governmental Authorities and all authorizations and approvals relating to all permits and licenses held by Chem-Con M&EC shall have been obtained from the appropriate Governmental Authorities under any and all of the Environmental Laws as a result of the change in ownership of Chem-ConM&EC, pursuant to the terms of this Agreement, with such permits, approvals and authorizations to be in form and substance satisfactory to Perma-Fix, so that Chem-Con M&EC is permitted to continue unimpaired immediately following the Closing Date the same business operations that Chem-Con M&EC carried on as of the date of this Agreement and the Closing Date. Between the date of this Agreement and the Closing, no Governmental Authority, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to any of Chem-Con, the Sullivans M&EC and/or the Xxxxxxxx Trusts Stockholders or any of their subsidiaries) an investigation which is pending on the Closing relating to this Agreement and the transactions contemplated hereby, and between the date of this Agreement and the Closing no action or proceeding shall have been instituted or, to the knowledge of Perma-Fix, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transactions contemplated by this Agreement or to obtain damages in respect thereof.any

Statutory Requirements; Litigation. In a manner satisfactory to Perma-Fix, (i) all statutory requirements for the valid consummation by Chem-ConMet, the Xxxxxxxx Sullivan Trusts and the Sullivans xxx Xxxxivans of the transactions contemplated by this Agreement shall have been fulfilled; all authorizations, consents and approvals of all Governmental Authorities required to be obtained in order to permit consummation by Chem- ConMet, the Xxxxxxxx Sullivan Trusts and the Sullivans xxx Xxxxivans of the transactions contemplated by this Agreement and to permit the business presently conducted by Chem-Con Met to continue unimpaired immediately following the Closing shall have been obtained; and, (ii) all applications for permits shall have been approved by the appropriate Governmental Authorities and all authorizations and approvals relating to all permits and licenses held by Chem-Con Met shall have been obtained from the appropriate Governmental Authorities under any and all of the Environmental Laws as a result of the change in ownership of Chem-ConMet, pursuant to the terms of this Agreement, with such permits, approvals and authorizations to be in form and substance satisfactory satis- factory to Perma-Fix, so that Chem-Con Met is permitted to continue unimpaired immediately following the Closing Date the same business operations that Chem-Con Met carried on as of the date of this Agreement and the Closing Date. Between the date of this Agreement and the Closing, no Governmental Authority, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to any of Chem-ConMet, the Sullivans and/or the Xxxxxxxx Sullivan Trusts or any of their axx xx xxeir subsidiaries) an investigation which is pending on the Closing relating to this Agreement and the transactions contemplated hereby, and between the date of this Agreement and the Closing no action or proceeding shall have been instituted or, to the knowledge of Perma-Fix, shall have been threatened before a court or other governmental govern- mental body or by any public authority to restrain or prohibit the transactions contemplated by this Agreement Agree- ment or to obtain damages in respect thereof.

Statutory Requirements; Litigation. In a manner satisfactory to Perma-Fix, (i) all All statutory requirements for the valid consummation by Chem-Con, the Xxxxxxxx Trusts VJET and the Sullivans Airways of the transactions contemplated by this Agreement and the Plan of Merger shall have been fulfilled; all authorizations, consents and approvals of all Governmental Authorities federal, state or local governmental agencies and authorities required to be obtained in order to permit consummation by Chem- Con, the Xxxxxxxx Trusts VJET and the Sullivans Airways of the transactions contemplated by this Agreement and the Plan of Merger and to permit the business presently conducted carried on by Chem-Con Airways and its Subsidiaries to continue unimpaired immediately following the Closing Effective Date of the Merger shall have been obtained; and, (ii) all applications for permits the FAA and DOT shall have been approved by the appropriate Governmental Authorities transaction in such a manner that Airways and all authorizations its Subsidiaries shall not after the Merger become subject to any restrictions currently applicable to VJET or its Subsidiaries or subject to any restrictions not currently applicable to Airways and approvals relating to all permits and licenses held by Chem-Con shall have been obtained from the appropriate Governmental Authorities under any and all of the Environmental Laws as a result of the change in ownership of Chem-Con, pursuant to the terms of this Agreement, with such permits, approvals and authorizations to be in form and substance satisfactory to Perma-Fix, so that Chem-Con is permitted to continue unimpaired immediately following the Closing Date the same business operations that Chem-Con carried on as of its Subsidiaries; between the date of this Agreement and the Closing Date. Between Effective Date of the date of this Agreement and the ClosingMerger, no Governmental Authoritygovernmental agency, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to Airways, any of Chem-Conits Subsidiaries, the Sullivans and/or the Xxxxxxxx Trusts VJET or any of their subsidiariesits Subsidiaries) an investigation which is pending on the Closing Effective Date of the Merger relating to this Agreement and the transactions contemplated hereby, Merger and between the date of this Agreement and the Closing Effective Date of the Merger no action or proceeding shall have been instituted or, to the knowledge of Perma-FixVJET, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transactions transaction contemplated by this Agreement or the Plan of Merger or to obtain damages in respect thereof.

Statutory Requirements; Litigation. In a manner satisfactory to Perma-Fix, (i) all statutory requirements for the valid consummation by Chem-Con, the Xxxxxxxx Trusts and the Sullivans of the transactions contemplated by this Agreement shall have been fulfilled; all authorizations, consents and approvals of all Governmental Authorities required to be obtained in order to permit consummation by Chem- the Chem-Con, the Xxxxxxxx Trusts and the Sullivans of the transactions contemplated by this Agreement and to permit the business presently conducted by Chem-Con to continue unimpaired immediately following the Closing shall have been obtained; and, (ii) all applications for permits shall have been approved by the appropriate Governmental Authorities and all authorizations and approvals relating to all permits and licenses held by Chem-Con shall have been obtained from the appropriate Governmental Authorities under any and all of the Environmental Laws as a result of the change in ownership of Chem-Con, pursuant to the terms of this Agreement, with such permits, approvals and authorizations authori- zations to be in form and substance satisfactory to Perma-Fix, so that Chem-Con is permitted to continue unimpaired immediately following the Closing Date the same business operations that Chem-Con carried on as of the date of this Agreement and the Closing Date. Between the date of this Agreement and the Closing, no -49- Governmental Authority, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to any of Chem-Con, the Sullivans and/or the Xxxxxxxx Trusts or any of their subsidiaries) an investigation which is pending on the Closing relating to this Agreement and the transactions contemplated hereby, and between the date of this Agreement and the Closing no action or proceeding shall have been instituted or, to the knowledge of Perma-Fix, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transactions trans- actions contemplated by this Agreement or to obtain damages in respect thereof.

Statutory Requirements; Litigation. In a manner satisfactory to Perma-Fix, (i) all All statutory requirements ---------------------------------- for the valid consummation by Chem-Con, the Xxxxxxxx Trusts VJET and the Sullivans Airways of the transactions contemplated by this Agreement and the Plan of Merger shall have been fulfilled; all authorizations, consents and approvals of all Governmental Authorities federal, state or local governmental agencies and authorities required to be obtained in order to permit consummation con summation by Chem- Con, the Xxxxxxxx Trusts VJET and the Sullivans Airways of the transactions contemplated by this Agreement and the Plan of Merger and to permit the business presently conducted carried on by Chem-Con Airways and its Subsidiaries to continue unimpaired immediately following the Closing Effective Date of the Merger shall have been obtained; and, (ii) all applications for permits the FAA and DOT shall have been approved by the appropriate Governmental Authorities transaction in such a manner that Airways and all authorizations its Subsidiaries shall not after the Merger become subject to any restrictions currently applicable to VJET or its Subsidiaries or subject to any restrictions not currently applicable to Airways and approvals relating to all permits and licenses held by Chem-Con shall have been obtained from the appropriate Governmental Authorities under any and all of the Environmental Laws as a result of the change in ownership of Chem-Con, pursuant to the terms of this Agreement, with such permits, approvals and authorizations to be in form and substance satisfactory to Perma-Fix, so that Chem-Con is permitted to continue unimpaired immediately following the Closing Date the same business operations that Chem-Con carried on as of its Subsidiaries; between the date of this Agreement and the Closing Date. Between Effective Date of the date of this Agreement and the ClosingMerger, no Governmental Authoritygovernmental agency, whether federal, state or local, shall have instituted (or threatened to institute either orally or in a writing directed to Airways, any of Chem-Conits Subsidiaries, the Sullivans and/or the Xxxxxxxx Trusts VJET or any of their subsidiariesits Subsidiaries) an investigation which is pending on the Closing Effective Date of the Merger relating to this Agreement and the transactions contemplated hereby, Merger and between the date of this Agreement and the Closing Effective Date of the Merger no action or proceeding shall have been instituted or, to the knowledge of Perma-FixVJET, shall have been threatened before a court or other governmental body or by any public authority to restrain or prohibit the transactions transaction contemplated by this Agreement or the Plan of Merger or to obtain damages in respect thereof.