Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was caused by such Party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (FMG Acquisition Corp), Agreement and Plan of Reorganization (Alternative Asset Management Acquisition Corp.), Agreement and Plan of Merger (FMG Acquisition Corp)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI ARTICLE VII to be satisfied if such failure was caused by such Partyparty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Stratasys Ltd.), Merger Agreement (Us Dry Cleaning Corp), Merger Agreement (Us Dry Cleaning Corp)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was caused by such Party’s party's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Quantum Corp /De/), Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp), Merger Agreement (Phone Com Inc)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI 7 to be satisfied if such failure was caused by such Partyparty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Physiometrix Inc), Merger Agreement (Boston Communications Group Inc)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article ARTICLE VI to be satisfied if such failure was caused by such Partyparty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Intercontinental Exchange, Inc.), Merger Agreement (Colt Defense LLC)
Frustration of Conditions. Neither Notwithstanding anything contained herein to the contrary, neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was caused by such Party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Camden Learning CORP), Agreement and Plan of Reorganization (Camden Learning CORP)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was caused by such Party’s 's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Amcomp Inc /Fl), Merger Agreement (Employers Holdings, Inc.)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI VII to be satisfied if such failure was caused by such Party’s party's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Merger Agreement (Union Pacific Corp)
Frustration of Conditions. Neither None of the Company, Parent nor the Company or Acquisition Sub may rely on the failure of any condition set forth in this Article VI VII or in Annex I to be satisfied if such failure was caused by such Partyparty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Steinway Musical Instruments Inc), Merger Agreement (Steinway Musical Instruments Inc)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was caused by such Partyparty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Pixelworks Inc), Merger Agreement (Flir Systems Inc)
Frustration of Conditions. Neither Notwithstanding anything contained herein to the contrary, neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI VII to be satisfied if such failure was caused by such Party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Bimini Capital Management, Inc.), Merger Agreement (FlatWorld Acquisition Corp.)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article ARTICLE VI to be satisfied if such failure was caused by such Partyparty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.. Table of Contents
Appears in 1 contract
Samples: Merger Agreement (PMC Sierra Inc)
Frustration of Conditions. Neither None of the Parent nor Parties or the Company may rely on the failure of any condition set forth in this Article VI IX to be satisfied if such failure was caused by such Partyparty’s failure to act in good faith to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement and consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Merger Agreement (Blue Safari Group Acquisition Corp)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI to be satisfied if a material cause of such failure was caused by such Party’s failure to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement in any material respect.
Appears in 1 contract
Frustration of Conditions. Neither the Parent nor the Company may rely on the failure of any condition set forth in this Article VI VII to be satisfied if such failure was caused by such Party’s party's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Samples: Merger Agreement (BNS Holding, Inc.)
Frustration of Conditions. Neither Parent nor any of the Company Companies nor any Shareholder may rely on the failure of any condition set forth in this Article VI ARTICLE VII to be satisfied if such failure was caused by such Partyparty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this Article VI VII to be satisfied if such failure was caused by such Party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Frustration of Conditions. Neither None of the Company, Parent nor the Company or Acquisition Sub may rely on the failure of any condition set forth in this Article VI VII to be satisfied if such failure was caused by such Partyparty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Frustration of Conditions. Neither Parent the Parent, the Asset Purchaser, WESGEN, the Company nor the Company Shareholders may rely on the failure of any condition set forth in this Article VI VIII to be satisfied if such failure was caused by such Party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Samples: Asset Purchase and Merger Agreement (Willdan Group, Inc.)
