Failure of Conditions. None of the Company, Parent or Purchaser may rely on the failure of any condition set forth in Section 7.1 to be satisfied to excuse performance by such party of its obligations under this Agreement if such failure was caused by such party’s failure to act in good faith and in a manner consistent with the terms of this Agreement.
Appears in 5 contracts
Samples: Merger Agreement, Merger Agreement (Bank Jos a Clothiers Inc /De/), Merger Agreement (Mens Wearhouse Inc)
Failure of Conditions. None of the Company, Parent or Purchaser Merger Sub may rely on the failure of any condition set forth in Section 7.1 to be satisfied to excuse performance by such party of its obligations under this Agreement if such failure was caused by such party’s failure to act in good faith and in a manner consistent with the terms of this Agreement.
Appears in 5 contracts
Samples: Merger Agreement (Teva Pharmaceutical Industries LTD), Merger Agreement (Nupathe Inc.), Merger Agreement (Nupathe Inc.)
Failure of Conditions. None of the Company, Parent or Purchaser Merger Sub may rely on the failure of any condition set forth in Section 7.1 6.1, Section 6.2 or Section 6.3, as applicable, to be satisfied to excuse performance by such party Party of its obligations under this Agreement if such failure was caused by such partyParty’s failure to act in good faith and in a manner consistent with the terms of this Agreement.
Appears in 3 contracts
Samples: Rights Agreement (K Tron International Inc), Merger Agreement (K Tron International Inc), Merger Agreement (Hillenbrand, Inc.)
Failure of Conditions. None of the Company, Parent or Purchaser Merger Sub may rely on the failure of any condition set forth in Section 7.1 7.1, Section 7.2 or Section 7.3 to be satisfied to excuse performance by such party Party of its obligations under this Agreement if such failure was caused by such partyParty’s failure to act in good faith and in a manner consistent with the terms of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Forestar Group Inc.), Merger Agreement (Horton D R Inc /De/), Merger Agreement (Forestar Group Inc.)
Failure of Conditions. None of the Company, Parent or Purchaser may rely on the failure of any condition set forth in Section 7.1 8.1 to be satisfied to excuse performance by such party of its obligations under this Agreement if such failure was caused by such party’s failure to act in good faith or to use reasonable best efforts to consummate the Merger and in a manner consistent with the terms of this Agreementother Transactions.
Appears in 2 contracts
Samples: Merger Agreement (Makemusic, Inc.), Merger Agreement
