Frustration of Closing Condition. None of the parties may rely on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as the case may be, to be satisfied to excuse it from its obligation to effect the Merger if such failure was caused by such party’s failure to comply with its obligations to consummate the Merger and the other transactions contemplated hereby to the extent required by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intrexon Corp), Agreement and Plan of Merger (Medistem Inc.)
Frustration of Closing Condition. None of the parties No party may rely on the failure of any condition set forth in Section 6.1Sections 8.1, Section 6.2 8.2 or Section 6.38.3, as the case may be, to be satisfied refuse to excuse it from its obligation to effect consummate the Merger Contemplated Transactions if such failure was caused by such party’s failure to comply with its obligations to consummate the Merger and the other transactions contemplated hereby to the extent required by any provision of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Communications Systems Inc), Securities Purchase Agreement (Lantronix Inc)
Frustration of Closing Condition. None of No Party may rely, either as a basis for not consummating the parties may rely Merger or terminating this Agreement and abandoning the Merger, on the failure of any condition set forth in Section 6.1, Section 6.2 or Section 6.3, as the case may be, this Article VI to be satisfied to excuse it from its obligation to effect the Merger if such failure was caused by such partyParty’s fraud or intentional breach of any material provision of this Agreement or failure to comply with its obligations use reasonable best efforts to consummate the Merger and the other transactions contemplated hereby to the extent required by this Agreement, as required by and subject to Section 5.9.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rockwood Holdings, Inc.), Agreement and Plan of Merger (Albemarle Corp)
Frustration of Closing Condition. None of the parties may rely on the failure of any condition set forth in Section 6.18.1, Section 6.2 8.2 or Section 6.38.3, as the case may be, to be satisfied to excuse it from its obligation to effect the Merger Transactions if such failure was caused by such party’s failure to comply with its obligations to consummate the Merger and the other transactions contemplated hereby Transactions to the extent required by this Agreement.
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