No Injunctions, Orders or Restraints; Illegality; Lawsuits. No preliminary or permanent injunction or other order, decree or ruling issued by a court or other Governmental Body of competent jurisdiction, and no statute, rule, regulation or executive order promulgated or enacted by any governmental agency of competent jurisdiction, shall be in effect which would have the effect of (i) making the consummation of the Transactions illegal or (ii) otherwise prohibiting the consummation of the Transactions. Further, there shall not have been instituted in a court of competent jurisdiction by any creditor of ▇▇▇▇▇▇ Health or any of the EHI Subsidiaries, any Governmental Body or any other third party, any suit, action or proceeding to restrain, enjoin or invalidate the transactions contemplated by this Agreement and the other Transaction Documents; provided, however, that if any such suit, action or proceeding is so instituted, then ▇▇▇▇▇▇ Health and the MPT Parties shall use their commercially reasonable efforts to defend against the same and to take such other actions as may be necessary or desirable to permit the transactions contemplated by this Agreement and the other Transaction Documents to be consummated.
Appears in 1 contract
Sources: Real Property Asset Purchase Agreement (Medical Properties Trust Inc)
No Injunctions, Orders or Restraints; Illegality; Lawsuits. No preliminary or permanent injunction or other order, decree or ruling issued by a court or other Governmental Body of competent jurisdiction, and no statute, rule, regulation or executive order promulgated or enacted by any governmental agency of competent jurisdiction, shall be in effect which would have the effect of (i) making the consummation of the Transactions Merger illegal or (ii) otherwise prohibiting the consummation of the TransactionsMerger. Further, there shall not have been instituted in a court of competent jurisdiction by any creditor of ▇▇▇▇▇▇ Health the Company or any of the EHI its Subsidiaries, any Governmental Body or any other third party, any suit, action or proceeding to restrain, enjoin or invalidate the transactions contemplated by this Agreement and the other Transaction Documents; provided, however, that if any such suit, action or proceeding is so instituted, then ▇▇▇▇▇▇ Health the Company, Buyer and the MPT Parties MergerCo shall use their commercially reasonable efforts to defend against the same and to take such other actions as may be necessary or desirable to permit the transactions contemplated by this Agreement and the other Transaction Documents to be consummated.
Appears in 1 contract
No Injunctions, Orders or Restraints; Illegality; Lawsuits. No preliminary or permanent injunction or other order, decree or ruling issued by a court or other Governmental Body of competent jurisdiction, and no statute, rule, regulation or executive order promulgated or enacted by any governmental agency of competent jurisdiction, shall be in effect which would have the effect of (i) making the consummation of the Transactions illegal or (ii) otherwise prohibiting the consummation of the Transactions. Further, there shall not have been instituted in a court of competent jurisdiction by any creditor of ▇▇▇▇▇▇ Health Prospect Medical or any of the EHI Prospect Medical Subsidiaries, any Governmental Body Body, or any other third party, any suit, action action, or proceeding to restrain, enjoin enjoin, or invalidate the transactions contemplated by this Agreement and the other Transaction Documents; provided, however, that if any such suit, action action, or proceeding is so instituted, then ▇▇▇▇▇▇ Health the Prospect Medical Parties and the MPT Parties shall use their commercially reasonable efforts to defend against the same and to take such other actions as may be necessary or desirable to permit the transactions contemplated by this Agreement and the other Transaction Documents to be consummated.
Appears in 1 contract
Sources: Real Property Asset Purchase Agreement (MPT Operating Partnership, L.P.)