Frustration of Closing Condition. None of Parent, Merger Sub, Second Merger Sub, or the Company may rely on the failure of any condition in this Article VI to be satisfied if such failure was caused by such party’s breach of this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Cerecor Inc.), Merger Agreement (Aevi Genomic Medicine, Inc.), Merger Agreement (Aevi Genomic Medicine, Inc.)
Frustration of Closing Condition. None of Parent, Merger Sub, Second Merger Sub, Sub or the Company may rely on the failure of any condition in this Article VI to be satisfied if such failure was caused by such party’s breach of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Torotel Inc), Merger Agreement (Torotel Inc)
Frustration of Closing Condition. None of ParentCompany, Purchaser or Merger Sub, Second Merger Sub, or the Company Sub may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was principally caused by such party’s breach of any material provisions of this Agreement, such party’s failure to act in good faith or such party’s failure to perform fully its obligations under Section 5.3 or Section 5.14.
Appears in 2 contracts
Samples: Merger Agreement (Wellpoint, Inc), Merger Agreement (Amerigroup Corp)
Frustration of Closing Condition. None of Parent, Merger Sub, Second Merger Sub, Sub or the Company may rely on the failure of any condition in this Article VI to be satisfied if such failure was caused by such party’s breach of this Agreement.
Appears in 1 contract
