Frustration of Conditions. None of parties to this Agreement 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 act in good faith or such party’s failure to observe in any material respect any of its obligations under this Agreement.
Appears in 21 contracts
Samples: Merger Agreement (Navios Maritime Partners L.P.), Merger Agreement (Navios Maritime Containers L.P.), Merger Agreement (Navios Maritime Partners L.P.)
Frustration of Conditions. None of parties to this Agreement No party 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 act in good faith in accordance with this Agreement or such party’s failure to observe in any material respect any of use its obligations under reasonable best efforts to consummate the Merger and the other transactions contemplated by this Agreement.
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement (Silverleaf Resorts Inc), Agreement and Plan of Merger (Silverleaf Resorts Inc)
Frustration of Conditions. None of parties to this Agreement may rely on the failure of any condition set forth in this Article VI IV to be satisfied if such failure was caused by such party’s failure to act in good faith or such party’s failure to observe in any material respect any of its obligations under this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (SunCoke Energy Partners, L.P.), Merger Agreement (SunCoke Energy, Inc.)
Frustration of Conditions. None No party may assert a breach of parties to this Agreement may rely on by any other party, or assert the failure of any condition set forth in this Article VI to be satisfied satisfied, if such breach or failure was caused caused, in whole or in part, by such the asserting party, including the asserting party’s failure to act in good faith or such the asserting party’s failure to observe in any material respect any of its obligations under this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Delek US Holdings, Inc.), Merger Agreement (Alon USA Partners, LP)
Frustration of Conditions. None of parties to this Agreement Parties 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 act in good faith or such partyParty’s failure to observe in any material respect any of its obligations under this Agreement.
Appears in 1 contract
Frustration of Conditions. None of parties to this Agreement No party 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 act in good faith or such party’s failure to observe in any material respect any of use its obligations under reasonable best efforts to consummate the Merger and the other transactions contemplated by this Agreement.. -53-
Appears in 1 contract
Samples: Merger Agreement (Egl Inc)