Covenant to Satisfy Conditions. Each party agrees to use all reasonable efforts to insure that the conditions to the other party's obligations hereunder set forth in Section 4, insofar as such matters are within the control of such party, are satisfied as promptly as practicable, and in any event prior to the closing of the IPO, PROVIDED HOWEVER, that notwithstanding anything herein to the contrary, the Company shall have the sole and absolute discretion as to when, and whether, to consummate or close the IPO, and may choose to cease pursuit of the IPO or to postpone the IPO until after the termination of this Agreement, all without any liability or obligation whatsoever to the Purchaser.
Appears in 3 contracts
Samples: Stock Purchase and Master Strategic Relationship Agreement (Commerce One Inc), Stock Purchase and Master Strategic Relationship Agreement (Commerce One Inc), Stock Purchase and Master Strategic Relationship Agreement (Commerce One Inc)
Covenant to Satisfy Conditions. Each party agrees to use all reasonable efforts to insure that the conditions to the other party's obligations hereunder set forth in Section 4, insofar as such matters are within the control of such party, are satisfied as promptly as practicable, and in any event prior to the closing consummation of the IPO, PROVIDED HOWEVERprovided, that notwithstanding anything herein to the contrary, the Company shall have the sole and absolute discretion as to when, and whether, to consummate or close the IPO, and may choose to cease pursuit of the IPO or to postpone the IPO until after the termination of this Agreement, all without any liability or obligation whatsoever to the Purchaser.
Appears in 2 contracts
Samples: Stock Purchase and Master Strategic Relationship Agreement (Verio Inc), Stock Purchase and Master Strategic Relationship Agreement (Nippon Telegraph & Telephone Corp)