Frustration of Conditions. Neither Purchaser 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 15 contracts
Samples: Agreement and Plan of Merger (Fox & Hound Restaurant Group), Agreement and Plan of Merger (Fox & Hound Restaurant Group), Agreement and Plan of Merger (Fox & Hound Restaurant Group)
Frustration of Conditions. Neither Purchaser 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 11 contracts
Samples: Agreement and Plan of Merger (Whitehall Jewellers Inc), Agreement and Plan of Merger (Sl Industries Inc), Agreement and Plan of Merger (Linear LLC)
Frustration of Conditions. Neither Purchaser nor None of Purchaser, Merger Sub or 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: Agreement and Plan of Merger (Lone Star Steakhouse & Saloon Inc), Agreement and Plan of Merger (Coulter Jamie B)
Frustration of Conditions. Neither Purchaser 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 1 contract
Samples: Agreement and Plan of Merger (Landrys Seafood Restaurants Inc)
Frustration of Conditions. Neither Purchaser nor None of Purchaser, Merger Sub or 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 1 contract