Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 17 contracts
Samples: Share Purchase Agreement (Akso Health Group), Share Purchase Agreement (Paranovus Entertainment Technology Ltd.), Share Purchase Agreement (Color Star Technology Co., Ltd.)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no A Party may not rely on the failure of any condition set forth in this Article III IX to be satisfied if such failure was caused by such due to the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in under this Agreement.
Appears in 17 contracts
Samples: Business Combination Agreement (Digital Transformation Opportunities Corp.), Business Combination Agreement (Digital Transformation Opportunities Corp.), Business Combination Agreement (Digital Transformation Opportunities Corp.)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III IX to be satisfied if such failure was caused by such the failure of such Party or any of its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 6 contracts
Samples: Merger Agreement and Plan of Reorganization (Oak Woods Acquisition Corp), Merger Agreement and Plan of Reorganization (Oak Woods Acquisition Corp), Agreement and Plan of Merger (Helbiz, Inc.)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 4 contracts
Samples: Business Combination Agreement (Mars Acquisition Corp.), Reorganization Agreement (Mag Mile Capital, Inc.), Securities Purchase Agreement (Gaenzle Rick)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the Party’s failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Hightimes Holding Corp.), Merger and Share Exchange Agreement (Glori Energy Inc.), Merger and Share Exchange Agreement (Glori Energy Inc.)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no No Party may rely on the failure of any condition set forth in this Article III X to be satisfied if such failure was caused by such the Party’s failure of to act or to take such Party actions (in each case, if such act or its Affiliates to comply with or perform any of its covenants or obligations set forth in action is required by this Agreement) as may be necessary to cause the conditions of the other Party to be satisfied.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (AMCI Acquisition Corp. II), Agreement and Plan of Merger (B. Riley Principal 150 Merger Corp.), Agreement and Plan of Merger (Soaring Eagle Acquisition Corp.)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party No party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such party’s failure to act in good faith or to use its reasonable best efforts to consummate the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in transactions contemplated by this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (TGC Industries Inc), Voting Agreement (Dawson Geophysical Co), Voting Agreement (TGC Industries Inc)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Global Technology Acquisition Corp. I), Business Combination Agreement (Aetherium Acquisition Corp), Business Combination Agreement (Malacca Straits Acquisition Co LTD)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party No party hereto may rely on invoke the failure or nonsatisfaction of any condition set forth in this Article III to be satisfied VII if such failure was caused by such the failure of such Party party (or its Affiliates any Affiliate of such party) to comply with fulfill any obligation under this Agreement has been a principal cause of or perform any resulted in the failure or nonsatisfaction of its covenants or obligations set forth in this Agreementsuch condition.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Dare Bioscience, Inc.), Stock Purchase Agreement (Cerulean Pharma Inc.)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party No party hereto may rely on the failure of any condition set forth in this Article III to be satisfied if such failure was caused by such party's failure to use reasonable efforts to consummate the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: 2 Agreement and Plan of Merger (Oneil Timothy P), Agreement and Plan of Merger (Transfinancial Holdings Inc)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no A Party may not rely on the failure of any condition set forth in this Article III IX to be satisfied if such failure was caused by such primarily due to the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tailwind Two Acquisition Corp.)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party No party hereto may rely on invoke the failure or nonsatisfaction of any condition set forth in this Article III to be satisfied VII if such failure was caused by such the failure of such Party party (or its Affiliates any Affiliate of such party) to comply with fulfill any obligation under this Agreement has been a principal cause of or perform any resulted in the failure or nonsatisfaction of its covenants or obligations set forth in this Agreement.such condition. ARTICLE VIII
Appears in 1 contract
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no A Party may not rely on the failure of any condition set forth in this Article III 9 to be satisfied if such failure was caused by such due to the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in under this Agreement.
Appears in 1 contract
Samples: Business Combination Agreement (LIV Capital Acquisition Corp. II)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no No Party may rely on the failure of any condition set forth in this Article III IX to be satisfied if such failure was caused by such Party’s failure to take such actions as may be necessary to cause the failure conditions of such the other Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreementbe satisfied, as required by Section 8.01.
Appears in 1 contract
Samples: Agreement and Plan of Merger (DTRT Health Acquisition Corp.)
Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party party hereto may rely on the failure of any condition set forth in this Article III ARTICLE IX to be satisfied if such failure was caused by such the failure of such Party party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Samples: Business Combination Agreement (Netfin Acquisition Corp.)
