Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Stratasys Ltd.), Agreement and Plan of Merger (Us Dry Cleaning Corp), Agreement and Plan of Merger (Us Dry Cleaning Corp)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII Article VI to be satisfied if such failure was caused by such party’s 's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Phone Com Inc), Agreement and Plan of Merger and Reorganization (Tumbleweed Communications Corp), Agreement and Plan of Merger (Quantum Corp /De/)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII Article VI to be satisfied if such failure was caused by such partyParty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (FMG Acquisition Corp), Agreement and Plan of Merger (FMG Acquisition Corp), Agreement and Plan of Reorganization (Alternative Asset Management Acquisition Corp.)
Frustration of Conditions. Neither Notwithstanding anything contained herein to the contrary, neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII Article VI to be satisfied if such failure was caused by such partyParty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Registration Rights Agreement (Camden Learning CORP), Agreement and Plan of Reorganization (Camden Learning CORP)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII Article VI to be satisfied if such failure was caused by such party’s Party's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amcomp Inc /Fl), Agreement and Plan of Merger (Employers Holdings, Inc.)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII Article 7 to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Physiometrix Inc), Agreement and Plan of Merger (Boston Communications Group Inc)
Frustration of Conditions. Neither None of the Company, Parent nor the Company or Acquisition Sub may rely on the failure of any condition set forth in this ARTICLE Article VII or in Annex I to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Steinway Musical Instruments Inc), Agreement and Plan of Merger (Steinway Musical Instruments Inc)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII VI to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Colt Defense LLC), Agreement and Plan of Merger (Intercontinental Exchange, Inc.)
Frustration of Conditions. Neither None of the Company, Parent nor the Company or Acquisition Sub may rely on the failure of any condition set forth in this ARTICLE VII Article VI or in Annex I to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kaydon Corp), Agreement and Plan of Merger (Peerless Systems Corp)
Frustration of Conditions. Neither Notwithstanding anything contained herein to the contrary, neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE Article VII to be satisfied if such failure was caused by such partyParty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (FlatWorld Acquisition Corp.), Agreement and Plan of Reorganization (Bimini Capital Management, Inc.)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII Article VI to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Flir Systems Inc), Agreement and Plan of Merger and Reorganization (Pixelworks Inc)
Frustration of Conditions. Neither Parent nor any of the Company Companies nor any Shareholder may rely on the failure of any condition set forth in this ARTICLE VII to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
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Frustration of Conditions. Neither None of the Parent nor Parties or the Company may rely on the failure of any condition set forth in this ARTICLE VII Article IX to be satisfied if such failure was caused by such party’s failure to act in good faith to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement and consummate the transactions contemplated hereby.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Blue Safari Group Acquisition Corp)
Frustration of Conditions. Neither None of the Company, Parent nor the Company or Acquisition Sub may rely on the failure of any condition set forth in this ARTICLE Article VII to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mips Technologies Inc)
Frustration of Conditions. Neither Parent the Parent, the Asset Purchaser, WESGEN, the Company nor the Company Shareholders may rely on the failure of any condition set forth in this ARTICLE VII Article VIII to be satisfied if such failure was caused by such partyParty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Samples: Asset Purchase and Merger Agreement (Willdan Group, Inc.)
Frustration of Conditions. Neither the Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE Article VII to be satisfied if such failure was caused by such party’s 's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Frustration of Conditions. Neither Parent nor the Company Inventergy may rely on the failure of any condition set forth in this ARTICLE VII Article VI to be satisfied as a reason not to consummate the transactions contemplated hereby if such failure was caused by such partyParty’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE Article VII to be satisfied if such failure was caused by such party’s 's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.
Appears in 1 contract
Frustration of Conditions. Neither Parent nor the Company may rely on the failure of any condition set forth in this ARTICLE VII VI to be satisfied if such failure was caused by such party’s failure to comply with or perform any of its covenants or obligations set forth in this Agreement.. Table of Contents
Appears in 1 contract
