Common use of Institution of Proceedings Clause in Contracts

Institution of Proceedings. There shall not have been instituted by any third party any suit or proceeding to restrain or invalidate this Agreement or the transactions hereby contemplated or seeking damages from or to impose obligations upon any of the Sellers by reason of this Agreement or the transactions hereby contemplated which, in their good faith judgment, would involve expenses or lapse of time that would materially and adversely affect the purpose and intent of and cost to the Sellers in entering into this Agreement.

Appears in 3 contracts

Samples: Purchase Agreement (Tba Entertainment Corp), Purchase Agreement (SFX Entertainment Inc), Purchase Agreement (SFX Entertainment Inc)

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Institution of Proceedings. There shall not have been instituted by any third party any suit or proceeding to restrain or invalidate this Agreement or the transactions hereby contemplated or seeking damages from or to impose obligations upon any of the Sellers Buyer by reason of this Agreement or the transactions hereby contemplated which, in their the good faith judgmentjudgment of the Buyer, would involve expenses or lapse of time that would materially and adversely affect the purpose and intent of and cost to the Sellers Buyer in entering into this Agreement.

Appears in 3 contracts

Samples: Purchase Agreement (Tba Entertainment Corp), Purchase Agreement (SFX Entertainment Inc), Purchase Agreement (SFX Entertainment Inc)

Institution of Proceedings. There shall not have been instituted by any third party any suit or proceeding to restrain or invalidate this Agreement or the transactions hereby contemplated or seeking damages from or to impose obligations upon any of the Sellers Purchaser Entities by reason of this Agreement or the transactions hereby contemplated which, in their the good faith judgmentjudgment of SFX, would involve expenses or lapse of time that would be materially and adversely affect the purpose and intent of and cost adverse to the Sellers in entering into this Agreementinterests of the Purchaser Entities.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Asset Purchase Agreement (SFX Entertainment Inc)

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Institution of Proceedings. There shall not have been instituted by any third party any suit or proceeding to restrain or invalidate this Agreement or the transactions hereby contemplated or seeking damages from or to impose obligations upon any of the Sellers Seller Entities by reason of this Agreement or the transactions hereby contemplated which, in their good faith judgment, would involve expenses or lapse of time that would be materially and adversely affect the purpose and intent of and cost adverse to the Sellers in entering into this Agreementtheir interests.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Asset Purchase Agreement (SFX Entertainment Inc)

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