Common use of Failure to Satisfy Conditions Clause in Contracts

Failure to Satisfy Conditions. Subject to Section 2.2, if any condition set forth in Section 6.1 or 6.2 is not satisfied at the Closing Time, or if it becomes apparent that any such condition cannot be satisfied at the Closing Time, the Party entitled to the benefit of such condition (the “First Party”) may terminate this Agreement by notice in writing to the other Party and in such event: (a) unless the other Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the First Party or have not been satisfied by reason of a default by the First Party hereunder, the First Party shall be released from all obligations hereunder, except as contemplated in Section 10.10; and (b) unless the First Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the other Party or have not been satisfied by reason of a default by the other Party hereunder, then the other Party shall also be released from all obligations hereunder, except as contemplated in Section 10.10.

Failure to Satisfy Conditions. Subject to Section 2.2, if If any condition set forth in Section 6.1 Sections 5.1 or 6.2 5.2 is not satisfied at the Closing Time, or if it becomes apparent that any such condition cannot be satisfied at the Closing Time, the Party entitled to the benefit of such condition (the “"First Party”") may terminate this Agreement by notice in writing to the other Party Party, and in such event: (a) unless the other Party can show that the condition or conditions which have .have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the First Party or have not been satisfied by reason of a default by the First Party hereunder, the First Party shall be released from all obligations hereunder, except as contemplated in Section 10.10; and; (b) unless the First Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the other Party or have not been satisfied by reason of a default by the other Party hereunder, then the other Party shall also be released from all obligations hereunder, except as contemplated in Section 10.10.

Failure to Satisfy Conditions. Subject to Section 2.2, if If any condition set forth in Section Sections 6.1 or 6.2 is not satisfied at the Closing Time, or if it becomes apparent that any such condition cancan not be satisfied at the Closing Time, the Party entitled to the benefit of such condition (the “First Party”"FIRST PARTY") may terminate this Agreement by notice in writing to the other Party and in such event: (a) unless the other Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the First Party or have not been satisfied by reason of a default by the First Party hereunder, the First Party shall be released from all obligations hereunder, except as contemplated in Section 10.10; and (b) unless the First Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the other Party or have not been satisfied by reason of a default by the other Party hereunder, then the other Party shall also be released from all obligations hereunder; provided however that no release of obligations under this Section 6.4 shall release either Party from any obligation under Section 4.3, except as contemplated in Section 10.108.1, Section 8.3 or Section 8.6.

Failure to Satisfy Conditions. Subject to Section 2.2, if If any condition set forth in Section 6.1 Sections 5.1 or 6.2 5.2 is not satisfied at the Closing Time, or if it becomes apparent that any such condition cannot be satisfied at the Closing Time, the Party entitled to the benefit of such condition (the “First Party”) may terminate this Agreement by notice in writing to the other Party and in such event: (a) unless the other Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the First Party or have not been satisfied by reason of a default by the First Party hereunder, the First Party shall be released from all obligations hereunder, except as contemplated in Section 10.10; and (b) unless the First Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the other Party or have not been satisfied by reason of a default by the other Party hereunder, then the other Party shall also be released from all obligations hereunder; provided however that no release of obligations under this Section 5.4 shall release either Party from any obligation under Section 3.6, except as contemplated in Subsection 4.2.1, Section 10.107.2 or Section 7.5.

Failure to Satisfy Conditions. Subject to Section 2.2, if If any condition set forth in Section Sections 6.1 or 6.2 is not satisfied at the Closing Time, or if it becomes apparent that any such condition cancan not be satisfied at the Closing Time, the Party entitled to the benefit of such condition (the “First Party”) ), may terminate this Agreement by notice in writing to the other Party and in such event: (a) unless the other Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the First Party or have not been satisfied by reason of a default by the First Party hereunder, the First Party shall be released from all obligations hereunder, except as contemplated in Section 10.10; and (b) unless the First Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the other Party or have not been satisfied by reason of a default by the other Party hereunder, then the other Party shall also be released from all obligations hereunder, except as contemplated in Section 10.10.

Failure to Satisfy Conditions. Subject to Section 2.2, if any condition set forth in Section 6.1 or 6.2 is not satisfied at the BC Closing Time, or if it becomes apparent that any such condition cannot be satisfied at the BC Closing Time, the Party entitled to the benefit of such condition (the “First Party”) may terminate this Agreement by notice in writing to the other Party and in such event: (a) unless the other Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the First Party or have not been satisfied by reason of a default by the First Party hereunder, the First Party shall be released from all obligations hereunder, except as contemplated in Section 10.10; and (b) unless the First Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the other Party or have not been satisfied by reason of a default by the other Party hereunder, then the other Party shall also be released from all obligations hereunder, except as contemplated in Section 10.10.

Failure to Satisfy Conditions. Subject to Section 2.2, if (a) If any condition set forth in Section Sections 6.1 or 6.2 is not satisfied or waived by the applicable beneficiary of such condition at the Closing Time, or if it becomes apparent that any such condition cancan not be satisfied at the Closing Time, the Party entitled to the benefit of such condition (the “First Party”) may terminate this Agreement by notice in writing to the other Party and in such event: (ai) unless the other Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the First Party or have not been satisfied by reason of a default by the First Party hereunder, the First Party shall be released from all obligations hereunder, except as contemplated in Section 10.10; and (bii) unless the First Party can show that the condition or conditions which have not been satisfied and for which the First Party has terminated this Agreement are reasonably capable of being performed or caused to be performed by the other Party or have not been satisfied by reason of a default by the other Party hereunder, then the other Party shall also be released from all obligations hereunder, except as contemplated in Section 10.10.