Common use of No Injunctions, Orders or Restraints; Illegality Clause in Contracts

No Injunctions, Orders or Restraints; Illegality. No preliminary or permanent injunction or other order, decree or ruling issued by a court of competent jurisdiction or by a Governmental Authority (an ”Injunction”) nor any statute, rule, regulation or executive order promulgated or enacted by any Governmental Authority shall be in effect which would (i) make the consummation of the Merger illegal, or (ii) otherwise prevent or prohibit the consummation of the transactions contemplated in this Agreement, including the Merger; provided, however, that, prior to invoking this condition, eMerge and Merger Sub shall use their commercially reasonable efforts to have any such Injunction vacated.

No Injunctions, Orders or Restraints; Illegality. No preliminary or permanent injunction or other order, decree or ruling issued by a court of competent jurisdiction or by a Governmental Authority (an ”“Injunction”) nor any statute, rule, regulation or executive order Law promulgated or enacted by any Governmental Authority shall must be in effect which would (i) make the consummation of the Merger Mergers illegal, or (ii) otherwise prevent or prohibit the consummation of the transactions contemplated in this Agreement, including the MergerMergers; provided, however, that, prior to invoking this condition, eMerge Parent and Merger Sub shall use their commercially reasonable efforts to have any such Injunction vacated.

No Injunctions, Orders or Restraints; Illegality. No preliminary or permanent injunction or other order, decree or ruling issued by a court of competent jurisdiction or by a Governmental Authority governmental, regulatory or administrative agency or commission (an ”“Injunction”) nor any statute, rule, regulation or executive order promulgated or enacted by any Governmental Authority governmental authority shall be in effect which would (i) make the consummation of the Merger illegal, or (ii) otherwise prevent or prohibit the consummation of the transactions contemplated in this Agreement, including the Merger; provided, however, that, that prior to invoking this condition, eMerge Parent and Merger Sub shall use their commercially reasonable best efforts to have any such Injunction vacated.

No Injunctions, Orders or Restraints; Illegality. No preliminary or permanent injunction or other order, decree or ruling issued by a court of competent jurisdiction or by a Governmental Authority (an ”Injunction”) nor any statute, rule, regulation or executive order promulgated or enacted by any Governmental Authority shall will be in effect which would (i) make the consummation of the Merger illegal, or (ii) otherwise prevent or prohibit the consummation of the transactions contemplated in this Agreement, including the Merger; provided, however, that, that prior to invoking this condition, eMerge Parent and Merger Sub shall will use their commercially reasonable best efforts to have any such Injunction injunction vacated.