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: Merger Agreement (Fox & Hound Restaurant Group), Agreement and Plan of Merger (Fox & Hound Restaurant Group), Merger Agreement (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: Merger Agreement (Whitehall Jewellers Inc), Agreement and Plan of Merger (Fox Acquisition Co), Merger Agreement (Safenet Inc)
Frustration of Conditions. Neither Purchaser nor Parent 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 1 contract
Samples: Merger Agreement (Phone Com Inc)
