Invoking Certain Provisions. Any Party seeking to claim that a condition to its obligation to effect the transactions contemplated hereby has not been satisfied by reason of the fact that a Material Adverse Effect or a Regulatory Material Adverse Effect has occurred or would reasonably be expected to occur or result will have the burden of proof to establish that occurrence or expectation.
Appears in 4 contracts
Samples: Asset Purchase Agreement, Partnership Interests Purchase Agreement, Partnership Interests Purchase Agreement (Black Hills Corp /Sd/)
Invoking Certain Provisions. Any Party seeking to claim that a condition to its obligation to effect the transactions contemplated hereby has not been satisfied by reason of the fact that a Material Adverse Effect or a Regulatory Material Adverse Effect has occurred or would reasonably be expected to occur or result will have the burden of proof to establish that occurrence or expectation.. 1-LA/903877.26
Appears in 2 contracts
Samples: Asset Purchase Agreement (Black Hills Corp /Sd/), Asset Purchase Agreement (Aquila Inc)
