Common use of Conditions to Company Performance Not Met Clause in Contracts

Conditions to Company Performance Not Met. By the Company ----------------------------------------- upon delivery of written notice of termination to Ambanc if any event occurs which renders impossible of satisfaction in any material respect one or more of the conditions to the obligations of Company and Savings to effect the Merger set forth in Sections 5.1 and 5.3 and noncompliance is not waived by Company, provided, however, that the right to terminate under this Section 5.4(d) shall not be available to the Company where the Company's or Savings' failure to perform an obligation hereunder has been the cause of, or has resulted in, the failure of the Closing to occur on or before such date.

Appears in 2 contracts

Samples: Reorganization and Merger Agreement (Ambanc Holding Co Inc), Reorganization and Merger Agreement (Afsala Bancorp Inc)

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Conditions to Company Performance Not Met. By the Company ----------------------------------------- upon delivery of written notice of termination to Ambanc Commercial if any event occurs which renders impossible of satisfaction in any material respect one or more of the conditions to the obligations of Company and Savings to effect the Merger set forth in Sections 5.1 and 5.3 and noncompliance is not waived by Company, provided, however, that the right to terminate under this Section 5.4(d) shall not be available to the Company where the Company's or Savings' failure to perform an obligation hereunder has been the cause of, or has resulted in, the failure of the Closing to occur on or before such date.

Appears in 2 contracts

Samples: Reorganization and Merger Agreement (Perpetual Midwest Financial Inc), Reorganization and Merger Agreement (Mid Continent Bancshares Inc /Ks/)

Conditions to Company Performance Not Met. By the Company upon ----------------------------------------- upon delivery of written notice of termination to Ambanc Commercial if any event occurs which renders impossible of satisfaction in any material respect one or more of the conditions to the obligations of Company and Savings to effect the Company Merger set forth in Sections 5.1 and 5.3 and noncompliance is not waived by Company, provided, however, that the right to terminate under this Section 5.4(d) shall -------- ------- not be available to the Company where the Company's or Savings' failure to perform an obligation hereunder has been the cause of, or has resulted in, the failure of the Closing to occur on or before such date.

Appears in 1 contract

Samples: Reorganization and Merger Agreement (Commercial Federal Corp)

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Conditions to Company Performance Not Met. By the ----------------------------------------- Company ----------------------------------------- upon delivery of written notice of termination to Ambanc if any event occurs which renders impossible of satisfaction in any material respect one or more of the conditions to the obligations of Company and Savings to effect the Merger set forth in Sections 5.1 and 5.3 and noncompliance is not waived by Company, provided, however, that the right to terminate under this Section 5.4(d) shall not be available to the Company where the Company's or Savings' failure to perform an obligation hereunder has been the cause of, or has resulted in, the failure of the Closing to occur on or before such date.

Appears in 1 contract

Samples: Reorganization and Merger Agreement (Ambanc Holding Co Inc)

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