Order of Governmental Authority. By the Buyer (on behalf of the Buyer Parties) or the Seller Representative if a Governmental Authority issues a final non-appealable Order restraining, enjoining or otherwise prohibiting the Mergers or the consummation of the transactions contemplated by this Agreement; provided, however, that the right to terminate this Agreement under this Section 10.1(c) shall not be available to any party if such Order was primarily due to such party’s breach of or failure to perform any provision of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Reliant Software, Inc.), Merger Agreement (Community Choice Financial Inc.)