Frustration of Conditions. A Party may not rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was due to the failure of such Party to perform any of its obligations under this Agreement.
Appears in 17 contracts
Samples: Business Combination Agreement (Digital Transformation Opportunities Corp.), Agreement and Plan of Merger (Biotech Acquisition Co), Agreement and Plan of Merger (Forest Road Acquisition Corp.)
Frustration of Conditions. A Notwithstanding anything contained herein to the contrary, no Party may not rely on the failure of any condition set forth in this Article IX III to be satisfied if such failure was due to caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations under set forth in this Agreement.
Appears in 16 contracts
Samples: Share Purchase Agreement (Color Star Technology Co., Ltd.), Share Purchase Agreement (Paranovus Entertainment Technology Ltd.), Share Purchase Agreement (Takung Art Co., LTD)
Frustration of Conditions. A Notwithstanding anything contained herein to the contrary, no Party may not rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was due to caused by the failure of such Party or any of its Affiliates to comply with or perform any of its covenants or obligations under set forth in this Agreement.
Appears in 5 contracts
Samples: Merger Agreement and Plan of Reorganization (GreenVision Acquisition Corp.), Merger Agreement and Plan of Reorganization (GreenVision Acquisition Corp.), Merger Agreement and Plan of Reorganization (Oak Woods Acquisition Corp)
Frustration of Conditions. A Notwithstanding anything contained herein to the contrary, no Party may not rely on the failure of any condition set forth in this Article IX VIII to be satisfied if such failure was due caused by such Party’s failure to the failure of such Party to comply with or perform any of its covenants or obligations under set forth in this Agreement.
Appears in 4 contracts
Samples: Merger and Share Exchange Agreement (Glori Energy Inc.), Merger Agreement (Hightimes Holding Corp.), Merger and Share Exchange Agreement (Infinity Cross Border Acquisition Corp)
Frustration of Conditions. A Notwithstanding anything contained herein to the contrary, no Party may not rely on the failure of any condition set forth in this Article IX VII to be satisfied if such failure was due to caused by the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations under set forth in this Agreement.
Appears in 4 contracts
Samples: Business Combination Agreement (Mars Acquisition Corp.), Reorganization Agreement (Myson, Inc.), Reorganization Agreement (Mag Mile Capital, Inc.)
Frustration of Conditions. A No Party may not rely on the failure of any condition set forth in this Article IX X to be satisfied if such failure was due caused by such Party’s failure to act or to take such actions (in each case, if such act or action is required by this Agreement) as may be necessary to cause the failure conditions of such the other Party to perform any of its obligations under this Agreementbe satisfied.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (B. Riley Principal 150 Merger Corp.), Agreement and Plan of Merger (AMCI Acquisition Corp. II), Agreement and Plan of Merger (Soaring Eagle Acquisition Corp.)
Frustration of Conditions. A Party No party may not rely on the failure of any condition set forth in this Article IX VIII to be satisfied if such failure was due caused by such party’s failure to act in good faith or to use its reasonable best efforts to consummate the failure of such Party to perform any of its obligations under transactions contemplated by this Agreement.
Appears in 3 contracts
Samples: Voting Agreement (Dawson Geophysical Co), Voting Agreement (TGC Industries Inc), Agreement and Plan of Merger (TGC Industries Inc)
Frustration of Conditions. A Party No party hereto may not rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was due caused by such party's failure to use reasonable efforts to consummate the failure of such Party to perform any of its obligations under transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: 2 Agreement and Plan of Merger (Oneil Timothy P), Agreement and Plan of Merger (Transfinancial Holdings Inc)
Frustration of Conditions. A Party No party hereto may not rely on invoke the failure or nonsatisfaction of any condition set forth in this Article IX to be satisfied VII if such failure was due to the failure of such Party party (or any Affiliate of such party) to perform fulfill any of its obligations obligation under this AgreementAgreement has been a principal cause of or resulted in the failure or nonsatisfaction of such condition.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Dare Bioscience, Inc.), Stock Purchase Agreement (Cerulean Pharma Inc.)
Frustration of Conditions. A Party Notwithstanding anything contained herein to the contrary, no party hereto may not rely on the failure of any condition set forth in this Article ARTICLE IX to be satisfied if such failure was due to caused by the failure of such Party party or its Affiliates to comply with or perform any of its covenants or obligations under set forth in this Agreement.
Appears in 1 contract
Samples: Business Combination Agreement (Netfin Acquisition Corp.)
Frustration of Conditions. A Party may not rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was primarily due to the failure of such Party to perform any of its obligations under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tailwind Two Acquisition Corp.)
Frustration of Conditions. A Party may not rely on the failure of any condition set forth in this Article IX 9 to be satisfied if such failure was due to the failure of such Party to perform any of its obligations under this Agreement.
Appears in 1 contract
Samples: Business Combination Agreement (LIV Capital Acquisition Corp. II)
Frustration of Conditions. A Party No party hereto may not rely on invoke the failure or nonsatisfaction of any condition set forth in this Article IX to be satisfied VII if such failure was due to the failure of such Party party (or any Affiliate of such party) to perform fulfill any of its obligations obligation under this Agreement.Agreement has been a principal cause of or resulted in the failure or nonsatisfaction of such condition. ARTICLE VIII
Appears in 1 contract
Frustration of Conditions. A No Party may not rely on the failure of any condition set forth in this Article IX to be satisfied if such failure was due caused by such Party’s failure to take such actions as may be necessary to cause the failure conditions of such the other Party to perform any of its obligations under this Agreementbe satisfied, as required by Section 8.01.
Appears in 1 contract
Samples: Agreement and Plan of Merger (DTRT Health Acquisition Corp.)
