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 Closing Date. Neither the 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 Purchaser, on the one hand, or the Seller, on the other hand, respectively, to comply with its respective obligations under 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 Closing DateClosing. Neither the Purchaser Seller nor the Seller Buyer 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 PurchaserSeller, on the one hand, or the SellerBuyer, on the other hand, respectively, to (i) use commercially reasonable efforts to consummate 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 Closing DateClosing. Neither None of Seller, the Purchaser nor the Seller Company or Buyer 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 to use, as required by this Agreement, its commercially reasonable efforts to consummate the purchase and sale of the Purchaser, on the one hand, or the Seller, on Purchased Interests and the other hand, respectively, to comply with its respective obligations under transactions contemplated by this Agreement.