Common use of Application for FCC Consent Clause in Contracts

Application for FCC Consent. As soon as possible (but in no event later than seven (7) calendar days after the date of this Agreement), Seller shall file an application with the FCC (the “Application”) requesting the FCC’s written consent to the assignment of the Station’s FCC Authorizations to CCBL and for the consummation of the Subject Transactions. Buyer and Seller shall diligently take all steps that are necessary, proper or desirable to expedite the prosecution of the Application to a favorable conclusion. Seller shall promptly provide Buyer with a copy of any pleading, order or other document served on Seller relating to the Application. Seller shall furnish all information required by the FCC and shall be represented at all meetings or hearings scheduled to consider the Application. The FCC’s written consent to the Application is referred to herein as the “FCC Consent.” In the event that Closing occurs hereunder prior to the receipt of a Final FCC Consent, then Seller’s obligations under this Section 10.12 shall survive the Closing. For purposes of this Agreement, the term “Final” shall mean that action shall have been taken by the FCC (including action duly taken by the FCC’s staff, pursuant to delegated authority) which shall not have been reversed, stayed, enjoined, set aside, annulled or suspended; with respect to which no timely request for stay, petition for rehearing, appeal or certiorari or sua sponte action of the FCC with comparable effect shall be pending; and as to which the time for filing any such request, petition, appeal, certiorari or for the taking of any such sua sponte action by the FCC shall have expired or otherwise terminated. Upon written request of Buyer, Seller shall take all steps necessary, proper or desirable to obtain extension(s) of the Final FCC Consent; provided, however, that in no event shall Seller be obligated to request an extension of the Final FCC Consent to a date beyond the Final Closing Date.

Appears in 1 contract

Sources: Asset Purchase Agreement (Acme Communications Inc)

Application for FCC Consent. As soon as possible (but in no event later than seven ten (710) calendar business days after the date of this Agreement), Seller Seller, Licensees, and Buyer shall file an application with the FCC (the “Application”) requesting the FCC’s written consent to the assignment of the Station’s FCC Authorizations to CCBL cooperate and for the consummation of the Subject Transactions. Buyer and Seller shall diligently take all steps that are necessary, proper or desirable to expedite the prosecution of the Application to a favorable conclusion. Seller shall promptly provide Buyer with a copy of any pleading, order or other document served on Seller relating to join together in filing the Application. Seller and Licensees shall furnish all information required by the FCC and they and Buyer shall have the right to be represented at all meetings or hearings scheduled to consider the Application. The FCC’s 's written consent to the Application is referred to herein as the "FCC ConsentCONSENT.” In the event that Closing occurs hereunder prior to the receipt of a Final FCC Consent, then " Seller’s 's obligations under this Section 10.12 10.9 shall survive the ClosingClosing until the FCC Consent becomes Final. For purposes of this Agreement, the term “Final” "FINAL" shall mean that action shall have been taken by the FCC (including action duly taken by the FCC’s 's staff, pursuant to delegated authority) which shall not have been reversed, stayed, enjoined, set aside, annulled or suspended; with respect to which no timely request for stay, petition for rehearing, appeal or certiorari or sua sponte action of the FCC with comparable effect shall be pending; and as to which the time for filing any such request, petition, appeal, certiorari or for the taking of any such sua sponte action by the FCC shall have expired or otherwise terminated. Upon written request of Buyer, Seller and Licensees shall take all steps necessary, proper or desirable to obtain extension(s) of the Final FCC Consent; provided, however, that except as provided in no event Section 10.7. neither Seller nor any of the Licensees shall Seller be obligated to request an extension of the Final FCC Consent to a date beyond the Final Closing Termination Date.

Appears in 1 contract

Sources: Asset Purchase Agreement (Spanish Broadcasting System Inc)