Common use of No Frustration Clause in Contracts

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under this Agreement, including, without limitation, the obligation of the Company to deliver (i) the Commitment Shares to the Investor as DWAC Shares not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Commencement Date, and (ii) the Shares to the Investor in respect of a VWAP Purchase not later than the applicable VWAP Purchase Settlement Date for such VWAP Purchase. For the avoidance of doubt, nothing in this Section 5.5(a) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 7.1 (subject in all cases to Section 7.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under this Agreementthe Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) deliver the Commitment Shares to the Investor as DWAC Shares not later than 4:00 p.m. (New York City time) on the third (3rd) Trading Day immediately following the Commencement Closing Date, and (ii) deliver the Shares to the Investor in respect of a VWAP Purchase not later than the applicable VWAP Purchase Settlement Date for such VWAP Purchase. For the avoidance of doubt, nothing in this Section 5.5(a6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 7.1 8.2 (subject in all cases to Section 7.38.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under this Agreementthe Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) the Commitment Shares to the Investor as DWAC Shares not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Commencement DateClosing Date in accordance with Section 10.1(ii), and (ii) the Shares to the Investor in respect of a VWAP Purchase not later than the applicable VWAP Purchase Settlement Share Delivery Date for such VWAP Purchasein accordance with Section 3.2. For the avoidance of doubt, nothing in this Section 5.5(a6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 7.1 8.2 (subject in all cases to Section 7.38.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders shareholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under this Agreementthe Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) deliver the Commitment Shares to the Investor as DWAC Shares not later than 4:00 p.m. (New York City time) on the third (3rd) Trading Day immediately following the Commencement Closing Date, and (ii) deliver the Shares to the Investor in respect of a VWAP Purchase not later than the applicable VWAP Purchase Settlement Exercise Date for such VWAP Purchase. For the avoidance of doubt, nothing in this Section 5.5(a6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 7.1 8.2 (subject in all cases to Section 7.38.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under this Agreementthe Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) the Commitment Shares to the Investor as DWAC Shares not later than 4:00 p.m. (New York time) on the third (3rd) Trading Day immediately following the Commencement Closing Date, and (ii) the Shares to the Investor in respect of a VWAP Purchase not later than the applicable VWAP Purchase Settlement Date for such VWAP Purchase. For the avoidance of doubt, nothing in this Section 5.5(a6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 7.1 8.2 (subject in all cases to Section 7.38.3).