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: Agreement and Plan of Merger (Navios Maritime Partners L.P.), Agreement and Plan of Merger (Navios Maritime Containers L.P.), Agreement and Plan of Merger (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: Agreement and Plan of Merger, Agreement and Plan of Merger (Silverleaf Resorts Inc), Agreement and Plan of Merger (Silverleaf Resorts 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: Agreement and Plan of Merger (Alon USA Partners, LP), Agreement and Plan of Merger (Delek US Holdings, 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: Agreement and Plan of Merger (SunCoke Energy Partners, L.P.), Agreement and Plan of Merger (SunCoke Energy, Inc.)
