A covenant not to object to a specified type of regulatory application extends to a new regulatory step that is a mandatory precondition to the original application, where the new step addresses substantially the same subject matter. The bifurcation of a regulatory approval process does not defeat a contractual covenant directed at the substance of the approval. The question of the boundary between an impermissible 'objection' and a permissible 'representation' under such a covenant was left open.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
3 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.