Non-Consummation. If consummation of this Plan does not occur, then (a) this Plan shall be null and void in all respects, (b) any settlement or compromise embodied in this Plan (including the fixing or limiting to an amount certain any Claim or Interest or Class of Claims or Interests), assumption or rejection of Executory Contracts or Unexpired Leases affected by this Plan, and any document or agreement executed pursuant to this Plan shall be deemed null and void, and (c) nothing contained in this Plan shall (i) constitute a waiver or release of any Claims by or against, or any Interests in, the Debtor or any other Person, (ii) prejudice in any manner the rights of the Debtor, or any other Person, or (iii) constitute an admission of any sort by the Debtor, or any other Person.
Non-Consummation. If consummation of this Plan does not occur, then (a) this Plan shall be null and void in all respects, (b) any settlement or compromise embodied in this Plan (including the fixing or limiting to an amount certain any Claim or Interest or Class of Claims or Interests), assumption or rejection of Executory Contracts or leases affected by this Plan, and any document or agreement executed pursuant to this Plan shall be deemed null and void and (c) nothing contained in this Plan shall (i) constitute a waiver or release of any Claims by or against, or any Interests in, the Debtor or any other Person, (ii) prejudice in any manner the rights of the Debtor, the Plan Sponsor under the Alternative Plan Sponsor Agreement, the Plan Sponsor under the Original Plan Sponsor Agreement, or any other Person or (iii) constitute an admission of any sort by the Debtor, the Plan Sponsor under the Alternative Plan Sponsor Agreement, the Plan Sponsor under the Original Plan Sponsor Agreement, or any other Person.
Non-Consummation. If the First Step Merger is not consummated, each party hereto shall pay its own fees and expenses incurred in connection herewith, and neither party shall be liable to the other party for any costs or expenses incurred in connection herewith.
Non-Consummation. Where the Investor and/or its Affiliates have properly elected to exercise its Tag-Along Right and the proposed Transferee fails to purchase Equity Securities of the Company from the Investor and/or its Affiliates, the Promoters and/or their Affiliates shall not make the proposed Transfer, and if purported to be made, such Transfer shall be void and the Company shall not register any such Transfer of Equity Securities of the Company. If the Investor and its Affiliates do not exercise their Tag Along Right within the Tag Offer Period, the Promoters and/or its Affiliates shall complete the Transfer of the Sale Securities to the Transferee within sixty (60) days of the expiry of the Tag Offer Period on the same terms and conditions contained in the Tag-Along Notice failing which Promoters and their Affiliates shall not Transfer any Equity Securities in the Company without again complying with the provisions of this Cla~se 4.
Non-Consummation. Anything hereto the contrary notwithstanding, the Dragging Parties shall have no obligation to the Non-Dragging Parties to Transfer any shares of capital stock of the Company pursuant to this Section 4.2 as a result of any decision by the Dragging Parties not to accept or consummate any Qualifying Transfer of the shares of Common Stock owned by the Dragging Parties (it being understood that any and all such decisions shall be made by the Dragging Parties in their sole discretion).
Non-Consummation. Ifthe conditions precedent to this Proposal are not met, (a) the Proposal shall be null and void in all respects, (b) any settlement or compromise embodied in the Proposal, including the fixing or limiting to an amount certain any Claim, any document or agreement executed pursuant to the Proposal shall be deemed null and void, and (c) nothing contained in the Proposal, and no acts taken in preparation for consummation of the Proposal, shall (i) constitute or be deemed to constitute a waiver or release of any Claims by or against the Company or any other Person; (ii) prejudice in any manner the rights of the Company or any other Person in any further proceedings involving the Company; or (iii) constitute an admission of any sort by the Company or any other Person.
