Coordinating Agreement. All conditions to Exide Corporation's obligations ---------------------- set forth in Sections 5.5, 5.6 and 5.7(a) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, Buyer may, at its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, Buyer shall be deemed to have waived any such failure and any rights or remedies it may have against Seller by reason of such failure.
Appears in 1 contract
Sources: Coordinating Agreement (Exide Corp)
Coordinating Agreement. All conditions to Exide Corporation's ---------------------- obligations ---------------------- set forth in Sections 5.5, 5.6 and 5.7(a) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, Buyer may, at its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, Buyer shall be deemed to have waived any such failure and any rights or remedies it may have against Seller by reason of such failure.
Appears in 1 contract
Sources: Coordinating Agreement (Exide Corp)
Coordinating Agreement. All conditions to Exide CorporationSeller's obligations ---------------------- set forth in Sections 5.5, 5.6 5.5 and 5.7(a5.7(b) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, Buyer Seller may, at its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, Buyer Seller shall be deemed to have waived any such failure and any rights or remedies it may have against Seller Buyer by reason of such failure.
Appears in 1 contract
Sources: Coordinating Agreement (Exide Corp)
Coordinating Agreement. All conditions to Exide Corporation's obligations ---------------------- set forth in Sections 5.5, 5.6 and 5.7(a) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, the Buyer may, at its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, the Buyer shall be deemed to have waived any such failure and any rights or remedies it may have against Seller the Sellers by reason of such failure.
Appears in 1 contract
Sources: Coordinating Agreement (Exide Corp)
Coordinating Agreement. All conditions to Exide Corporation's ---------------------- obligations ---------------------- set forth in Sections 5.5, 5.6 and 5.7(a) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, the Buyer may, at its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, the Buyer shall be deemed to have waived any such failure and any rights or remedies it may have against the Seller by reason of such failure.
Appears in 1 contract
Sources: Coordinating Agreement (Exide Corp)