Common use of Impact of Non-Compliance Clause in Contracts

Impact of Non-Compliance. The Company’s or the Buyer Parties’ failure to comply with this Section 6.13 will not be taken into account for purposes of determining whether any conditions set forth in Article VII to consummate the Merger have been satisfied or whether any termination rights set forth in Article VIII are available.

Appears in 7 contracts

Samples: Merger Agreement (Restaurant Brands International Limited Partnership), Merger Agreement (Carrols Restaurant Group, Inc.), Merger Agreement (EngageSmart, Inc.)

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Impact of Non-Compliance. The Company’s or the Buyer Parties’ failure to comply with this Section 6.13 8.11 will not be taken into account for purposes of determining whether any conditions set forth in Article VII IX to consummate the Offer and the Merger have been satisfied or whether any termination rights set forth in Article VIII X are available.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Revance Therapeutics, Inc.), Merger Agreement (Revance Therapeutics, Inc.)

Impact of Non-Compliance. The Company’s, Xxxxxx’s or the Buyer Parties’ Merger Sub’s failure to comply with this Section 6.13 will not be taken into account for purposes of determining whether any conditions set forth in Article VII to consummate the Merger have been satisfied or whether any termination rights set forth in Article VIII are available.

Appears in 2 contracts

Samples: Merger Agreement (Haynes International Inc), Merger Agreement (Haynes International Inc)

Impact of Non-Compliance. The Company’s or the Buyer Parties’ failure to comply with this Section 6.13 6.11 will not be taken into account for purposes of determining whether any conditions set forth in Article VII to consummate the Merger have been satisfied or whether any termination rights set forth in Article VIII are available.

Appears in 2 contracts

Samples: Merger Agreement (R1 RCM Inc. /DE), Merger Agreement (R1 RCM Inc. /DE)

Impact of Non-Compliance. The Company’s or the Buyer Parties’ failure to comply with this Section 6.13 7.10 will not be taken into account for purposes of determining whether any conditions to the Offer set forth in Article VII Section 1.1(a) or Annex A or any of the conditions to consummate the Merger have been satisfied or whether any termination rights set forth in Article VIII are availableSection 2.4 have been satisfied.

Appears in 1 contract

Samples: Merger Agreement (Thorne Healthtech, Inc.)

Impact of Non-Compliance. The Company’s or the Buyer Parties’ failure to comply with this Section 6.13 ‎6.13 will not be taken into account for purposes of determining whether any conditions set forth in Article ‎Article VII to consummate the Merger have been satisfied or whether any termination rights set forth in Article ‎Article VIII are available.

Appears in 1 contract

Samples: Merger Agreement (HireRight Holdings Corp)

Impact of Non-Compliance. The Company’s or the Buyer Parties’ Parent’s failure to comply with this Section 6.13 6.12 will not be taken into account for purposes of determining whether any conditions to the Merger Transactions set forth in Article VII to consummate the Merger have been satisfied or whether any termination rights set forth in Article VIII are availablesatisfied.

Appears in 1 contract

Samples: Merger Agreement (Augmedix, Inc.)

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Impact of Non-Compliance. The Company’s or the Buyer Parties’ failure to comply with this Section 6.13 will not be taken into account for purposes of determining whether any conditions set forth in Article VII to consummate the Merger Transactions have been satisfied or whether any termination rights set forth in Article VIII are available.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Squarespace, Inc.)

Impact of Non-Compliance. The Company’s Company Parties’ or the Buyer Parties’ failure to comply with this Section 6.13 will not be taken into account for purposes of determining whether any conditions set forth in ANNEX I or Article VII to consummate the Merger Offer or the Mergers, as applicable, have been satisfied or whether any termination rights set forth in Article VIII are availablesatisfied.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pluralsight, Inc.)

Impact of Non-Compliance. The Company’s Company Parties’ or the Buyer Parties’ failure to comply with this Section 6.13 will not be taken into account for purposes of determining whether any conditions set forth in Article VII to consummate the Merger Mergers have been satisfied or whether any termination rights set forth in Article VIII are availablesatisfied.

Appears in 1 contract

Samples: Merger Agreement (Pluralsight, Inc.)

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