Common use of Frustration of Closing Conditions; Burden of Proof Clause in Contracts

Frustration of Closing Conditions; Burden of Proof. Neither Party may rely on the failure of any condition set forth in this Article 7 to be satisfied if such failure was caused by such Party’s failure to use the efforts required pursuant to this Agreement to cause the Closing to occur, including as required by Section 5.4 and Section 5.6. Each of Buyer and Sellers expressly acknowledges and agrees that if either Party wishes to invoke any of the conditions set forth in this Article 7 as a basis to not consummate the Closing, such Party will have the burden of proof to establish that such condition has not been satisfied in any Legal Proceeding between the Parties in connection therewith.

Frustration of Closing Conditions; Burden of Proof. Neither (a) No Party may rely on the failure of any condition set forth in this Article 7 to be satisfied if such failure was caused by such Party’s failure to use the efforts required pursuant to this Agreement to cause the Closing to occur, including as required by Section 5.4 and Section 5.6. . (b) Each of Buyer and Sellers Seller expressly acknowledges acknowledge and agrees agree that if either any Party wishes to invoke any of the conditions set forth in this Article 7 as a basis to not consummate the Closing, such Party will have the burden of proof to establish that such condition has not been satisfied in any Legal Proceeding between the Parties in connection therewith.

Frustration of Closing Conditions; Burden of Proof. (a) Neither Party may rely on the failure of any condition set forth in this Article 7 ‎Article 6 to be satisfied if such failure was caused by such Party’s failure to use the efforts required pursuant to this Agreement to cause the Closing to occur, including as required by Section 5.4 and Section 5.6. . (b) Each of Buyer the Purchaser and Sellers each Seller expressly acknowledges and agrees that if either a Party wishes to invoke any of the conditions set forth in this Article 7 ‎Article 6 as a basis to not consummate the Closing, such Party will have the burden of proof to establish that such condition has not been satisfied in any Legal Proceeding between the Parties in connection therewithsatisfied.

Frustration of Closing Conditions; Burden of Proof. (a) Neither Party may rely on the failure of any condition set forth in this Article 7 to be satisfied if such failure was caused by such Party’s failure to use the efforts required pursuant to this Agreement to cause the Closing to occur, including as required by Section 5.4 5.5 and Section 5.6. 5.7. (b) Each of Buyer and Sellers expressly acknowledges and agrees that if either Party wishes to invoke any of the conditions set forth in this Article 7 as a basis to not consummate the Closing, such Party will shall have the burden of proof to establish that such condition has not been satisfied in any Legal Proceeding between the Parties in connection therewith.