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: Joinder Agreement (LMF Acquisition Opportunities Inc), Joinder Agreement (LMF Acquisition Opportunities Inc), Agreement and Plan of Merger (Hudson Executive Investment 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: Agreement and Plan of Merger (KORE Group Holdings, Inc.), Agreement and Plan of Merger (KORE Group Holdings, Inc.), Agreement and Plan of Merger (Cerberus Telecom Acquisition 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: Agreement and Plan of Merger (Edify Acquisition Corp.), Agreement and Plan of Merger (Unique Logistics International, Inc.), Agreement and Plan of Merger (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: Agreement and Plan of Merger (Supernova Partners Acquisition Co II, Ltd.), Agreement and Plan of Merger (Supernova Partners Acquisition Co II, Ltd.), Agreement and Plan of Merger (Supernova Partners Acquisition Company, Inc.)
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: Agreement and Plan of Merger (Gresham Worldwide, Inc.), Agreement and Plan of Merger (Ault Disruptive Technologies Corp), Agreement and Plan of Merger (DFP Healthcare Acquisitions Corp.)
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: Agreement and Plan of Merger (Innoviva, Inc.), Agreement and Plan of Merger (Entasis Therapeutics Holdings Inc.)
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
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: Letter Agreement (Mudrick Capital Acquisition Corp. II)
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 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: Agreement and Plan of Merger (Genesis Park Acquisition Corp.)
