Common use of Waiver of Conditions; Frustration of Conditions Clause in Contracts

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived following the First Effective Time. None of the Company, Buyer or Merger Subs may rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was caused by the failure of the Company, on the one hand, or Buyer or Merger Subs, on the other hand, respectively, to (a) use reasonable best efforts to consummate the First Merger and the other transactions contemplated hereby and (b) otherwise comply with its obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived following from and after the First Effective Time. None of the Company, Buyer or Merger Subs Sub may rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was caused by the failure of the Company, on the one hand, or Buyer or Merger SubsSub, on the other hand, respectively, to (ai) use commercially reasonable best efforts to consummate the First Merger and the other transactions contemplated hereby and (bii) otherwise comply with its obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived following the First Effective Time. None of the Company, Buyer or Merger Subs Sub may rely on the failure of any condition set forth in this 82 Article IX to be satisfied if such failure was caused by the failure of the Company, on the one hand, or Buyer or Merger SubsSub, on the other hand, respectively, to (a) use reasonable best efforts to consummate the First Merger and the other transactions contemplated hereby and (b) otherwise comply with its obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived following from and after the First Effective Time. None of the CompanyCompanies, Buyer or Merger Subs may rely on the failure of any condition set forth in this Article IX X to be satisfied if such failure was caused by the failure of the a Company, on the one hand, or Buyer or a Merger SubsSub, on the other hand, respectively, to (ai) use reasonable best efforts to consummate the First Merger Mergers and the other transactions contemplated hereby and (bii) otherwise comply with its obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived following the First Effective Time. None of the Company, Buyer or Merger Subs may rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was caused by the failure of the Company, on the one hand, or Buyer or Merger Subs, on the other hand, respectively, to (ai) use reasonable best efforts to consummate the First Merger and the other transactions contemplated hereby and (bii) otherwise comply with its obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived following the First Effective Time. None of the Company, Buyer or Merger Subs may rely on the failure of any condition set forth in this Article IX ‎IX to be satisfied if such failure was caused by the failure of the Company, on the one hand, or Buyer or Merger Subs, on the other hand, respectively, to (a) use reasonable best efforts to consummate the First Merger and the other transactions contemplated hereby and (b) otherwise comply with its obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived following from and after the First Effective Time. None of the Company, Buyer or Merger Subs Sub may rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was caused by the failure of the Company, on the one hand, or Buyer or Merger SubsSub, on the other hand, respectively, to (a) use reasonable best efforts to consummate the First Merger and the other transactions contemplated hereby and (b) otherwise comply with its obligations under this Agreement, including under Section 8.1.