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 from and after the Effective Time. None of the Company, Buyer or Merger 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 Sub, on the other hand, respectively, to (i) use reasonable best efforts to consummate the Merger and the transactions contemplated hereby and (ii) 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 from and after the Effective TimeClosing Date. None of Neither the Company, Buyer or Merger Sub Purchaser nor the Seller 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 CompanyPurchaser, on the one hand, or Buyer or Merger Subthe Seller, on the other hand, respectively, to (i) use reasonable best efforts to consummate the Merger and the transactions contemplated hereby and (ii) otherwise comply with its respective obligations under this Agreement.

Waiver of Conditions; Frustration of Conditions. All conditions to the Closing shall be deemed to have been satisfied or waived from and after the Effective TimeClosing. None of Seller, the Company, Company or Buyer or Merger Sub may rely on the failure of any condition set forth in this Article IX 2, as applicable, to be satisfied if such failure was caused by the breach by such Person of any of its representations, warranties, covenants or agreements contained in this Agreement or by such Person’s failure of the Companyto use, on the one handas required by this Agreement, or Buyer or Merger Sub, on the other hand, respectively, to (i) use its commercially reasonable best efforts to consummate the Merger purchase and sale of the Purchased Interests and the other transactions contemplated hereby and (ii) otherwise comply with its obligations under by this Agreement.

Waiver of Conditions; Frustration of Conditions. All If the Closing occurs, then all conditions to the Closing shall be deemed to have been satisfied or waived from and after the Effective TimeClosing. None of Neither the Company, Seller nor Buyer or Merger Sub may rely on the failure of any condition set forth in this Article ARTICLE IX to be satisfied if such failure was caused by the failure of the CompanySeller, on the one hand, or Buyer or Merger SubBuyer, on the other hand, respectively, to (i) use commercially reasonable best efforts to consummate the Merger and the transactions contemplated hereby and (ii) otherwise comply with its obligations under this Agreement.