No Frustration of Closing Conditions. None of the Company, the Independent Fiduciary or the Insurer may rely on the failure of any condition to its obligation to consummate the transactions contemplated hereby set forth in Section 8.01, 8.02 or 8.03, as the case may be, to be satisfied if such failure was caused by such Party’s or its Affiliates’ breach of its representations, warranties or covenants hereunder.
Appears in 3 contracts
Samples: Definitive Purchase Agreement (Kimberly Clark Corp), Definitive Purchase Agreement (Kimberly Clark Corp), Definitive Purchase Agreement (Kimberly Clark Corp)
No Frustration of Closing Conditions. None of Neither the Independent Fiduciary, nor the Company, the Independent Fiduciary or nor the Insurer may rely on the failure of any condition to its obligation to consummate the transactions contemplated hereby set forth in Section 8.018.1, 8.02 8.2 or 8.038.3, as the case may be, to be satisfied if such failure was caused by such Party’s 's or its Affiliates’ ' breach of its representations, warranties or covenants hereunder.
Appears in 3 contracts
Samples: Definitive Transaction Framework Agreement (General Motors Co), Transaction Framework Agreement (General Motors Co), Definitive Transaction Framework Agreement (General Motors Co)
No Frustration of Closing Conditions. None of the Company, the Independent Fiduciary or the Insurer may rely on the failure of any condition to its obligation to consummate the transactions contemplated hereby set forth Transactions in Section 8.018.1, 8.02 8.2 or 8.038.3, as the case may be, to be satisfied if such failure was caused by such Party’s or its Affiliates’ breach of its representations, warranties or covenants hereunderunder this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (PPG Industries Inc), Purchase Agreement (PPG Industries Inc)
No Frustration of Closing Conditions. None of the CompanyIndependent Fiduciary, the Independent Fiduciary Company or the Insurer may rely on the failure of any condition to its obligation to consummate the transactions contemplated hereby set forth in Section 8.01, 8.02 or 8.03, as the case may be, to be satisfied if such failure was caused by such Party’s or its Affiliates’ breach of its representations, warranties or covenants hereunder.
Appears in 1 contract
No Frustration of Closing Conditions. None of the Company, the Independent Fiduciary or the Insurer may rely on the failure of any condition to its obligation to consummate the transactions contemplated hereby set forth in Section 8.01, 8.02 or 8.03, as the case may be, to be satisfied if such failure was caused by such Party’s or its Affiliates’ breach of its representations, warranties or covenants hereunder.. - 41 – ***CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION***
Appears in 1 contract
Samples: Definitive Purchase Agreement (Kimberly Clark Corp)
