Interim Actions. In the case of a Material Default that causes continuing damages to the Sellers for which indemnification by the Purchasers pursuant to Article 8 of the Agreement would not be sufficient to remedy all such damages, the Sellers and the Purchasers shall cooperate in good faith to implement appropriate interim actions to mitigate such damages until the Corrective Action Plan is finalized. The parties shall develop and implement such interim actions on timelines that are commensurate with the severity of the harm and that take into account the risks to the Sellers of delay. The Purchasers shall use reasonable best efforts to mitigate the adverse consequences on the Sellers of the Material Default until the Correction Action Plan is finalized.
Interim Actions. Notwithstanding the foregoing, a party may apply to a court of competent jurisdiction within the State of California for relief in the form of a temporary restraining order or preliminary injunction, pending appointment of an Arbitrator or pending determination of a claim through arbitration in accordance with this Section 2.2. In the event a dispute is submitted to arbitration hereunder during the term of this Agreement, the parties shall continue to perform their respective obligations hereunder, subject to any interim relief that may be ordered by the Arbitrator or by a court of competent jurisdiction pursuant to the previous sentence.
Interim Actions. If during the period between the date hereof and the earlier of the Closing Date and the date this Agreement is terminated, the Company takes any action that, had the Preferred Stock been outstanding at such time, (i) would have resulted in a distribution or payment to the holders of the Preferred Stock, (ii) would, or together with other like events could, have resulted in any adjustments to the terms of the Preferred Stock, including the Conversion Share Amount (as defined in the Articles Supplementary), or (iii) would have required the prior approval of or consent by the holders of the Preferred Stock, then the taking of any such action by the Company shall require the approval of the Purchaser.
Interim Actions. Notwithstanding the foregoing, a party may apply to a court of competent jurisdiction within the State of Utah for relief in the form of a temporary restraining order or preliminary injunction, pending appointment of an Arbitrator or pending determination of a claim through arbitration in accordance with this Section 14. If a dispute is submitted to arbitration hereunder during the term of this Agreement, the parties shall continue to perform their respective obligations hereunder, subject to any interim relief that may be ordered by the Arbitrator or by a court of competent jurisdiction pursuant to the previous sentence.
Interim Actions. Neither Parent nor Purchaser will take, or agree to commit to take, any action that could or would be reasonably likely to result in any of the conditions to the Offer set forth in Appendix A to this Agreement or any of the conditions set forth in Article VII not being satisfied, or would make any representation or warranty of Parent or Purchaser contained in this Agreement inaccurate in any respect at, or as of any time prior to, the Effective Time, or that would materially impair the ability of Parent or Purchaser to consummate the Offer or the Merger in accordance with the terms thereof or materially delay such consummation.
Interim Actions. Except as expressly provided for herein, no Shareholder shall, directly or indirectly:
Interim Actions. In determining the actions for an owner or operator of a pipeline facility to take under paragraph (1)(B), the Secretary shall take into account potential con- sequences to public safety and the environment, potential impacts on pipeline system reliability and deliverability, and other factors, as appropriate. ‘‘(d) TESTING REGULATIONS.— ‘‘(1) IN GENERAL.—Not later than 18 months after the date of enactment of this section, the Secretary shall issue regula- tions for conducting tests to confirm the material strength of previously untested natural gas transmission pipelines located in high-consequence areas and operating at a pressure greater than 30 percent of specified minimum yield strength. ‘‘(2) CONSIDERATIONS.—In developing the regulations, the Secretary shall consider safety testing methodologies, including, at a minimum— ‘‘(A) pressure testing; and
Interim Actions. (a) To the extent permitted under applicable Laws, the Sellers, through the Sellers’ Agent, shall notify the Purchaser in advance, by email addressed pursuant to Section 14.1, of any action or transaction falling under the scope of Section 5.1(d) and not otherwise permitted in accordance therewith, which a Group Company intends to carry out (each an “Interim Action”).
Interim Actions. Upon the terms and subject to the conditions set forth in this Agreement, Seller and Buyer shall each use their respective commercially reasonable efforts to take, or cause to be taken, all appropriate action, and to do, or cause to be done, and to assist and cooperate with the other parties hereto in doing, all things necessary, proper or advisable under applicable law to consummate the transactions contemplated hereby, including, without limitation (but subject to Sections 1.10, 5.6, 6.3 and 7.3): (i) obtaining all necessary licenses, waivers, consents or approvals, authorizations, qualifications and other orders of any governmental authority with competent jurisdiction over the transactions contemplated hereby, (ii) obtaining all necessary consents, approvals or waivers from third parties, (iii) Seller or Buyer, as applicable, promptly notifying the other party of any written notice or other material written communication, including any written threat, filing, service or institution of any action, suit or proceeding brought by any Person against Seller or Buyer, as applicable, that is materially adverse to the Station, the Station Assets or the consummation of the transactions contemplated by this Agreement, and (iv) Seller and Buyer generally using commercially reasonable efforts to take those actions that would cause the conditions to the obligations of Seller or Buyer, as appropriate, to consummate the transactions contemplated hereby to not be satisfied or fulfilled at or prior to Closing.
Interim Actions. During the period commencing on the date hereof and ending upon the earlier of the Termination Date or the Closing Date (the “Interim Period”), except (i) as otherwise specifically permitted by the terms of this Agreement, (ii) as Acquiror may approve in writing (such approval not to be unreasonably withheld, conditioned or delayed), (iii) as is required by any applicable Law or any Governmental Order or (iv) as otherwise set forth on Schedule 6.1, the Company shall not, and shall not permit the Subsidiary to:
