Common use of Frustration of Conditions Clause in Contracts

Frustration of Conditions. Notwithstanding anything to the contrary, no Party may rely on the failure of any condition set forth in this Article VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHL, any Target Company or Blue Shareholder) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Company, Purchaser or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement in all material respects.

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 VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue ShareholderSeller) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 ARTICLE VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Company, Pubco, First Merger Sub or Blue ShareholderSecond Merger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII X to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company, the Company Shareholders, or Blue ShareholderPubco) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHL, any Target the Company or Blue ShareholderEnservco) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII IX to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Purchaser, any Target Company Pubco, Merger Sub 1 or Blue ShareholderMerger Sub 2) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target the Company or Blue ShareholderSeller) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII IX to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLDelta, any Target Company Delta Company, any Seller, Pubco or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII X to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Company, any Seller, Pubco or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue Company Shareholder) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Pubco, a Merger Sub or Blue Shareholderthe Seller Representative) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII XII to be satisfied if such failure was primarily caused by the failure of such Party or its Affiliates (including, with respect to the Purchaser, Pubco or the Merger Subs, or with respect to BGHLthe Company, any Target Company or Blue Shareholderthe Major Shareholders) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII IX to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Company, Pubco or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party party may rely on the failure of any condition set forth in this Article VIII to be satisfied if such failure was caused by the failure of such Party party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue ShareholderStockholder) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Company, Pubco or Blue Shareholderthe Merger Subs) failure to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement in all material respects.

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 ARTICLE VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHL, any Target the Company or Blue any Company Shareholder) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII ARTICLE IX to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Company, Pubco, First Merger Sub or Blue ShareholderSecond Merger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHL, any Target the Company or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement in all material respects.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement in all material respects.

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 VIII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue ShareholderSeller) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party party may rely on the failure of any condition set forth in this Article ARTICLE VIII to be satisfied if such failure was caused by the failure of such Party party or its Affiliates (or with respect to BGHLSeller, any Target Company or Blue Shareholderstockholder of Seller) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything to the contrarycontrary contained herein, no Party may rely on the failure of any condition conditions set forth in this Article VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company its Subsidiaries, Merger Sub I or Blue ShareholderMerger Sub II) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue Shareholderthe Seller) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII X to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Company, any Seller, the Seller Representative, Pubco or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII IX to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue ShareholderCompany) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement in all material respects.

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 VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Seller, Pubco or Blue ShareholderMerger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII ARTICLE X to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company Company, Pubco, First Merger Sub or Blue ShareholderSecond Merger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII X to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue ShareholderCompany, the Seller, Pubco Merger Sub) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII VII to be satisfied if such failure was primarily caused by the failure of such Party or its Affiliates (including, with respect to Purchaser, Holdco or the Merger Subs, or with respect to BGHLthe Company, any Target Company or Blue ShareholderCompany) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHL, any Target Company or Blue Shareholder) failure to comply with or perform any of its covenants or obligations set forth in this Agreement. In addition to the foregoing, from and after the First Closing, Purchaser, as the controlling shareholder of the Company, may not cause the Company to breach its obligations to consummate the Second Closing.

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 VIII VII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHL, any Target the Company or Blue ShareholderLynx) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLthe Company, any Target Company or Blue ShareholderSeller) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

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 VIII to be satisfied if such failure was caused by the failure of such Party or its Affiliates (or with respect to BGHLa Company Party, any Target Company or Blue ShareholderSeller) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.