No Governmental Restriction. There shall not be any pending or --------------------------- overtly threatened suit or action asserted by any Governmental Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Avanex or Oplink or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Avanex Corp), Agreement and Plan of Reorganization (Avanex Corp)
No Governmental Restriction. There shall not be any pending or --------------------------- overtly threatened suit or action asserted by any Governmental Authority Entity (i) challenging or seeking to restrain or prohibit the consummation of the Merger I or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Avanex Parent or Oplink the Company or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.
Appears in 2 contracts
Sources: Merger Agreement (Aclara Biosciences Inc), Agreement and Plan of Merger and Reorganization (Virologic Inc)
No Governmental Restriction. There shall not be any pending or --------------------------- overtly threatened suit or action asserted by any Governmental Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Avanex Western Multiplex or Oplink Proxim or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Western Multiplex Corp)
No Governmental Restriction. There shall not be any pending or --------------------------- overtly threatened suit or action asserted by any Governmental Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Avanex Maxim or Oplink EpiCept or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.
Appears in 1 contract
No Governmental Restriction. There shall not be any pending or --------------------------- overtly threatened suit or action asserted by any Governmental Authority Entity (i) challenging or seeking to restrain or prohibit the consummation of the Merger Share Contribution or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Avanex or Oplink Omneon, the Company or any subsidiary Subsidiary or affiliate Affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.
Appears in 1 contract
No Governmental Restriction. There shall not be any pending or --------------------------- overtly threatened suit or action asserted by any Governmental Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger Asset Purchase or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Avanex or Oplink Corning or any subsidiary Subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.
Appears in 1 contract
Sources: Share Acquisition and Asset Purchase Agreement (Avanex Corp)
No Governmental Restriction. There shall not be any --------------------------- pending or --------------------------- overtly threatened suit or action asserted by any Governmental Authority (i) challenging or seeking to restrain or prohibit the consummation of the Merger or any of the other transactions contemplated by this Agreement or (ii) seeking to impose on Avanex or Oplink or any subsidiary or affiliate thereof any divestiture of shares of capital stock or of any business, assets or property, or the imposition of any material limitation on the ability of any of them to conduct their businesses or to own or exercise control of such assets, properties and stock.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Oplink Communications Inc)