Common use of Frustration of Closing Condition Clause in Contracts

Frustration of Closing Condition. No party may rely on the failure of any condition set forth in Sections 8.1, 8.2 or 8.3, as the case may be, to refuse to consummate the Contemplated Transactions if such failure was caused by such party’s failure to comply with any provision of this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lantronix Inc), Securities Purchase Agreement (Communications Systems Inc)

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Frustration of Closing Condition. No party None of the parties may rely on the failure of any condition set forth in Sections Section 8.1, Section 8.2 or Section 8.3, as the case may be, to refuse be satisfied to consummate the Contemplated excuse it from its obligation to effect Transactions if such failure was caused by such party’s failure to comply with any provision of its obligations to consummate the Transactions to the extent required by this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (SKYX Platforms Corp.)

Frustration of Closing Condition. No party Party may rely on the failure of any a condition set forth in Sections 8.19.1, 8.2 9.2 or 8.39.3, as the case may be, to refuse to consummate the Contemplated Transactions be satisfied if such failure was caused by such partyParty’s failure to comply with any provision of act in good faith or failure to use its reasonable efforts to consummate the transactions to the extent required by this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Netsmart Technologies Inc)

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Frustration of Closing Condition. No Neither party may rely on the failure of any condition set forth in Sections 8.1, 8.2 or 8.3, as the case may be, this Section 6 to refuse to consummate the Contemplated Transactions be satisfied if such failure was caused by such party’s failure to comply with any provision of use its reasonable best efforts to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Response Genetics Inc)

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