No Frustration of Closing Conditions. Neither the Independent Fiduciary, nor the Company, nor the Insurer may rely on the failure of any condition to its obligation to consummate the transactions contemplated hereby set forth in Section 8.1, 8.2 or 8.3, 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 hereunder.
Appears in 3 contracts
Samples: Definitive Transaction Framework Agreement (General Motors Co), Definitive Transaction Framework Agreement (General Motors Co), Definitive Transaction Framework Agreement (General Motors Co)
No Frustration of Closing Conditions. Neither the Independent Fiduciary, nor None of the Company, nor 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 8.18.01, 8.2 8.02 or 8.38.03, 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 2 contracts
Samples: Definitive Purchase Agreement (Kimberly Clark Corp), Definitive Purchase Agreement (Kimberly Clark Corp)
No Frustration of Closing Conditions. Neither the Independent Fiduciary, nor None of the Company, nor 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 8.18.01, 8.2 8.02 or 8.38.03, 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.. - 41 – ***CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION***
Appears in 1 contract
Samples: Definitive Purchase Agreement (Kimberly Clark Corp)
No Frustration of Closing Conditions. Neither the Independent Fiduciary, nor the None of Company, nor the Independent Fiduciary or Insurer may rely on the failure of any condition to its obligation to consummate the transactions contemplated hereby set forth Transactions in Section 8.1, 8.2 or 8.3, 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 hereunderunder this Agreement.
Appears in 1 contract
No Frustration of Closing Conditions. Neither the Independent Fiduciary, nor the None of Company, nor the Independent Fiduciary or Insurer may rely on the failure of any condition to its obligation to consummate the transactions contemplated hereby set forth Transactions in Section 8.1, 8.2 or 8.3, 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.under this Agreement. ***CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION***
Appears in 1 contract
No Frustration of Closing Conditions. Neither None of the Independent Fiduciary, nor the Company, nor 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 8.18.01, 8.2 8.02 or 8.38.03, 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 1 contract
Samples: Definitive Purchase Agreement (Motorola Solutions, Inc.)
