Common use of No Constraints Clause in Contracts

No Constraints. Notwithstanding the provisions of Section 3.01, -------------- the fulfillment or waiver of any or all of the conditions precedent to the Distribution set forth therein shall not: (a) create any obligation on the part of Vencor or any other party hereto to effect the Distribution; (b) in any way limit Vencor's right and power under Section 4.12 to terminate this Agreement or the Reorganization Agreement and the process leading to the Distribution and to abandon the Distribution; or (c) alter the consequences of any such termination under Section 4.12 from those specified in such Section.

No Constraints. Notwithstanding the provisions of Section -------------- 3.01, -------------- the fulfillment or waiver of any or all of the conditions precedent to the Distribution set forth therein shall not: (a) create any obligation on the part of Vencor or any other party hereto to effect the Distribution; (b) in any way limit Vencor's right and power under Section 4.12 to terminate this Agreement or the Reorganization Agreement and the process leading to the Distribution and to abandon the Distribution; or (c) alter the consequences of any such termination under Section 4.12 from those specified in such Section.