Common use of Frustration of Closing Condition Clause in Contracts

Frustration of Closing Condition. No party to this Agreement may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was caused by such party’s failure to cooperate or to use its reasonable best efforts to cause the Closing to occur, as required by Section 4.02.

Appears in 4 contracts

Samples: Investment Agreement (Great Atlantic & Pacific Tea Co Inc), Investment Agreement (Great Atlantic & Pacific Tea Co Inc), Investment Agreement (Great Atlantic & Pacific Tea Co Inc)

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Frustration of Closing Condition. No party None of the parties to this Agreement may rely on the failure of any condition set forth in this Article VI to be satisfied if such failure was caused by such party’s 's failure to cooperate or to use its reasonable best efforts to cause consummate the Closing to occur, as required Share Purchase and the other transactions contemplated by Section 4.02this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Metromedia International Group Inc)

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