Frustration of Closing Condition. None of Parent, Merger Sub, Second Merger Sub, or the Company may rely on the failure of any condition in this Article VI to be satisfied if such failure was caused by such party’s breach of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Cerecor Inc.), Agreement and Plan of Merger and Reorganization (Aevi Genomic Medicine, Inc.), Agreement and Plan of Merger and Reorganization (Cerecor Inc.)
Frustration of Closing Condition. None of ParentCompany, Purchaser or Merger Sub, Second Merger Sub, or the Company Sub may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was principally caused by such party’s breach of any material provisions of this Agreement, such party’s failure to act in good faith or such party’s failure to perform fully its obligations under Section 5.3 or Section 5.14.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wellpoint, Inc), Agreement and Plan of Merger (Amerigroup Corp)
Frustration of Closing Condition. None of Parent, Merger Sub, Second Merger Sub, Sub or the Company may rely on the failure of any condition in this Article VI to be satisfied if such failure was caused by such party’s breach of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Torotel Inc), Agreement and Plan of Merger (Torotel Inc)
Frustration of Closing Condition. None of Parent, Merger Sub, Second Merger Sub, Sub or the Company may rely on the failure of any condition in this Article VI to be satisfied if such failure was caused by such party’s breach of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Avalo Therapeutics, Inc.)
Frustration of Closing Condition. None of ParentCompany, Purchaser or Merger Sub, Second Merger Sub, or the Company Sub may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was principally caused by such party’s 's breach of any material provisions of this Agreement., such party's failure to act in good faith or such party's failure to perform fully its obligations under Section 5.3 or Section 5.14.
Appears in 1 contract
Samples: Agreement and Plan of Merger
