Common use of Breaching Party Clause in Contracts

Breaching Party. The right to terminate this Agreement under this Section 8.1 shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of, or resulted in, the failure of the transactions contemplated herein to occur or of the transactions being delayed.

Appears in 1 contract

Sources: Merger Agreement (NightHawk Radiology Holdings Inc)

Breaching Party. The right to terminate this Agreement under this Section 8.1 7.1 shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of, or resulted in, the failure of the transactions contemplated herein to occur or of the transactions being delayed.; and

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Omeros Corp)

Breaching Party. The right to terminate this Agreement under this Section 8.1 10.1 shall not be available to any party whose failure (or the failure of its applicable Affiliates) to fulfill any obligation under this Agreement has been the cause of, or resulted in, the failure of the transactions contemplated herein to occur or of the transactions being delayed.

Appears in 1 contract

Sources: Asset Purchase Agreement (Parkervision Inc)