Common use of Frustration of Closing Condition Clause in Contracts

Frustration of Closing Condition. No Party may rely, either as a basis for not consummating the Merger or terminating this Agreement and abandoning the Merger, on the failure of any condition set forth in this Article VI to be satisfied if such failure was caused by such Party’s fraud or intentional breach of any material provision of this Agreement or failure to use reasonable best efforts to consummate the Merger and the other transactions contemplated by this Agreement, as required by and subject to Section 5.9.

Frustration of Closing Condition. No Party None of the parties may rely, either as a basis for not consummating the Merger or terminating this Agreement and abandoning the Merger, rely on the failure of any condition set forth in this Article VI Section 6.1, Section 6.2 or Section 6.3, as the case may be, to be satisfied to excuse it from its obligation to effect the Merger if such failure was caused by such Partyparty’s fraud or intentional breach of any material provision of this Agreement or failure to use reasonable best efforts comply with its obligations to consummate the Merger and the other transactions contemplated hereby to the extent required by this Agreement, as required by and subject to Section 5.9.