No Restraining Action. No action or proceeding before any court, governmental body or agency shall have been threatened, asserted or instituted to restrain or prohibit, or to obtain substantial damages in respect of, this Agreement or the Certificate of Merger or the carrying out of the transactions contemplated by the Merger Documents. The Company may waive compliance with any of the conditions precedent specified in this Section 7.2.
Appears in 2 contracts
Sources: Merger Agreement (Fitness Xpress Software Inc.), Merger Agreement (Towerstream Corp)