Examples of HSR Clearance in a sentence
Notwithstanding the foregoing, a failure to comply with the provisions of paragraph 10 shall not be deemed to be a Material Breach by PM unless, nine months following the initial HSR filings, as a direct or indirect result of such failure, HSR Clearance has not been obtained or the government has commenced litigation to enjoin the transaction.
In addition, in the event that HSR Clearance is not obtained, PM shall, upon the request of the Liggett Parties, attempt periodically to obtain such approval, provided, that PM shall not be required to attempt to obtain any such approval more than once in any two-year period or more than four times over the period of the Options.
Notwithstanding the foregoing, a failure to comply with the provisions of paragraph 10 shall not be deemed to be a Material Breach by the Liggett Parties unless, nine months following the initial HSR filings, as a direct or indirect result of such failure, either (i) HSR Clearance has not been obtained or the government has commenced litigation to enjoin the transaction or (ii) PM has had to make a material concession to the government to obtain HSR Clearance or avoid such litigation.
If Spark reasonably determines in good faith prior to the exercise of an Option for a Potential Target that the exercise of such Option requires HSR Clearance under the HSR Act, Spark shall provide written notice of such determination to Selecta in its notice of exercise such Option for such Potential Target.
If the exercise by Spark of any Option requires the making of filings under the HSR Act, then all rights and obligations related to the exercise of such Option for the applicable Potential Target (including payment of any Option Exercise Payment) shall be tolled until HSR Clearance for such Option exercise.