Common use of Frustration of Conditions Clause in Contracts

Frustration of Conditions. None of the Acquiror Parties or the Company may rely on the failure of any condition set forth in this Article X to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary to cause the conditions of the other Party to be satisfied, as required by Section 9.01.

Appears in 4 contracts

Samples: Merger Agreement (LMF Acquisition Opportunities Inc), Merger Agreement (LMF Acquisition Opportunities Inc), Merger Agreement (Hudson Executive Investment Corp.)

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Frustration of Conditions. None of the Acquiror Parties or the Company No Party may rely on the failure of any condition set forth in this Article X to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions (in each case, if such act or action is required by this Agreement) as may be necessary to cause the conditions of the other Party to be satisfied, as required by Section 9.01.

Appears in 3 contracts

Samples: Merger Agreement (AMCI Acquisition Corp. II), Merger Agreement (B. Riley Principal 150 Merger Corp.), Merger Agreement (Soaring Eagle Acquisition Corp.)

Frustration of Conditions. None of the Acquiror Parties or the Company may rely on the failure of any condition set forth in this Article X to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary to cause the conditions of the other Party to be satisfied, as required by Section 9.01.

Appears in 3 contracts

Samples: Merger Agreement (KORE Group Holdings, Inc.), Merger Agreement (KORE Group Holdings, Inc.), Merger Agreement (Cerberus Telecom Acquisition Corp.)

Frustration of Conditions. None of the Acquiror Parties or the Company may rely on the failure of any condition set forth in this Article X to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary to cause the conditions of the other Party to be satisfied, as required by Section 9.0110.01.

Appears in 3 contracts

Samples: Merger Agreement (Ault Disruptive Technologies Corp), Merger Agreement (Gresham Worldwide, Inc.), Merger Agreement (DFP Healthcare Acquisitions Corp.)

Frustration of Conditions. None of the Acquiror Buyer Parties or the Company may rely on the failure of any condition set forth in this Article ARTICLE X to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary to cause the conditions of to such Party’s obligation to consummate the other Party Transactions (or cause the Transactions to be consummated) to be satisfied, as required by Section 9.01.

Appears in 3 contracts

Samples: Merger Agreement (Unique Logistics International, Inc.), Merger Agreement (Edify Acquisition Corp.), Merger Agreement (Mudrick Capital Acquisition Corp. II)

Frustration of Conditions. None of the Acquiror Parties or the Company may rely on the failure of any condition set forth in this Article X to be satisfied if such failure was caused by such Party’s failure to act in good faith breach of a covenant or to take such actions as may be necessary to cause the conditions of the other Party to be satisfied, as required by Section 9.01agreement contained herein.

Appears in 3 contracts

Samples: Merger Agreement (Supernova Partners Acquisition Co II, Ltd.), Merger Agreement (Supernova Partners Acquisition Co II, Ltd.), Merger Agreement (Supernova Partners Acquisition Company, Inc.)

Frustration of Conditions. None of the Acquiror Parties Company or the Company any Purchaser Party may rely on the failure of any condition set forth in this Article X VII to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary to cause the conditions and perform, in all material respects, any of the other Party to be satisfied, as required by Section 9.01its material obligations under this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Innoviva, Inc.), Merger Agreement (Entasis Therapeutics Holdings Inc.)

Frustration of Conditions. None of the Acquiror Parties or the Company No Party may rely on the failure of any condition set forth in this Article X IX to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be are reasonably necessary to cause the conditions of the other Party in this Article IX to be satisfied, as required by Section 9.018.03.

Appears in 1 contract

Samples: Business Combination Agreement (Plum Acquisition Corp. III)

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Frustration of Conditions. None of the Acquiror Parties or the Company may rely on the failure of any condition set forth in this Article X XI to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary to cause the conditions of the other Party to be satisfied, as required by Section 9.0110.01.

Appears in 1 contract

Samples: Merger Agreement (Genesis Park Acquisition Corp.)

Frustration of Conditions. None of the Acquiror AAC Parties or the Company may rely on the failure of any condition set forth in this Article X to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary use its commercially reasonable efforts to cause the conditions of the other Party to be satisfied, as required by Section 9.019.02.

Appears in 1 contract

Samples: Business Combination Agreement (Austerlitz Acquisition Corp I)

Frustration of Conditions. None of the Acquiror Parties or the Company No Party may rely on the failure of any condition set forth in this Article X to be satisfied if such failure was caused by the failure of such Party’s failure Party or its Affiliates (or, with respect to the Company, any Target Company or Xxxxxxx) to act in good faith or to take such actions as may be necessary to cause the conditions of the other Party Parties hereto to be satisfied, satisfied as required by Section 9.019.3.

Appears in 1 contract

Samples: Business Combination Agreement (ExcelFin Acquisition Corp.)

Frustration of Conditions. None of the Acquiror Parties or the Company may rely on the failure of any condition set forth in this Article X ARTICLE XI to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary to cause the conditions of the other Party to be satisfied, as required by Section 9.0110.01.

Appears in 1 contract

Samples: Merger Agreement (GigCapital4, Inc.)

Frustration of Conditions. None of the Acquiror Buyer Parties or the Company may rely on the failure of any condition set forth in this Article X ARTICLE XI to be satisfied if such failure was caused by such Party’s failure to act in good faith or to take such actions as may be necessary to cause the conditions of the other Party to be satisfied, as required by Section 9.0110.01.

Appears in 1 contract

Samples: Merger Agreement (Mudrick Capital Acquisition Corp. II)

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