Common use of MERGER CONTROL Clause in Contracts

MERGER CONTROL. (1) The Buyer shall as promptly as possible after the Signing of this Agreement file notifications for approval of the delivery of the Shares to the Buyer with competition authorities as required by law the "COMPETITION AUTHORITIES", and any of such Competition Authorities herein referred to as a "COMPETITION AUTHORITY"). (2) The Seller shall assist the Buyer in preparing such notifications. (3) If the transactions envisaged in this Agreement are prohibited by a Competition Authority, the Buyer shall generally do its best to have this decision reverted. In particular, the Buyer shall appeal, if necessary and reasonable up to the highest judicial authority, against such prohibition. In the unlikely situation such a negative decision would be confirmed by the appeal jurisdictions, all parts of this Agreement governing the sale and delivery of the Shares and the payment of the Purchase Price (except in respect of any Sections in relation to confidentiality, notices, law and jurisdiction) shall become invalid and unenforceable at the same time when such prohibition is notified upon the Buyer. (4) Clearance of the transactions envisaged in this Agreement under the applicable merger control provisions will for purposes of this Agreement also be deemed to have been granted if such clearance is associated with obligations and/or conditions imposed upon the Buyer.