Common use of No Frustration Clause in Contracts

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to (i) pay or cause to be paid to the Investor the Commitment Fee, pursuant to, at such time(s) and in such manner as set forth in Section 3.4 and Section 10.1(ii) of this Agreement, and (ii) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday VWAP Purchase and each Fixed VWAP Purchase effected by the Company pursuant to this Agreement (as applicable), in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, in accordance with Section 3.4. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) pay or cause to be paid the Initial Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date in accordance with Section 10.1(ii)(a), (ii) the Additional Commitment Fee, pursuant to, at such time(sShares to be issued and delivered to the Investor under Section 10.1(ii)(b) and hereof in such manner as set forth amounts and within the time periods specified in Section 3.4 and Section 10.1(ii10.1(ii)(b) of this Agreementhereof, and (iiiii) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday VWAP Purchase and each Fixed Intraday VWAP Purchase effected by the Company pursuant to this Agreement (as applicable)Company, in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, Purchase and not later than the applicable Purchase Share Delivery Date with respect to such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, (as applicable) in accordance with Section 3.43.3. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders shareholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to (i) pay or cause to be paid deliver the Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date in accordance with Section 10.1(ii)(a), (ii) pay the Cash Commitment Fee, pursuant toFee to the Investor in such manner, at such time(s) time and otherwise pursuant to and in such manner as set forth in accordance with Section 3.4 and Section 10.1(ii) of this Agreement10.1(ii)(b), and (iiiii) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday VWAP Purchase and each Fixed Intraday VWAP Purchase effected by the Company pursuant to this Agreement (as applicable)Agreement, in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, Purchase and such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, (as applicable) in accordance with Section 3.43.3. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) pay or cause to be paid the Initial Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date in accordance with Section 10.1(ii)(a), (ii) the Additional Commitment Fee, pursuant to, at such time(sShares to be issued and delivered to the Investor under Section 10.1(ii)(b) and hereof in such manner as set forth amounts and within the time periods specified in Section 3.4 and Section 10.1(ii10.1(ii)(b) of this Agreementhereof, and (iiiii) deliver the Shares to the Investor in respect of each a VWAP Purchase, and each Intraday VWAP Purchase and each Fixed VWAP Purchase effected by the Company pursuant to this Agreement (as applicable)on the same Purchase Date for such VWAP Purchase, in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, Purchase and each such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, (as applicable) in accordance with Section 3.43.3. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to (i) pay or cause to be paid to the Investor the Commitment Fee, Fee pursuant to, at such time(s) and in such manner and form(s) as set forth in Section 3.4 and Section 10.1(ii) of this Agreement, (ii) pay the Cash Commitment Fee to the Investor (as applicable), pursuant to, at such time and in such manner as set forth in Section 10.1(ii), (iii) deliver the Commitment Shares to the Investor (as applicable), pursuant to, at such time and in such manner as set forth in Section 10.1(ii), and (iiiv) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday a VWAP Purchase and each Fixed VWAP Purchase effected by the Company pursuant to this Agreement (as applicable), in each case not later than the applicable VWAP Purchase Share Delivery Settlement Date with respect to for such VWAP Purchase, such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, in accordance with Section 3.4. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to (i) pay or cause to be paid the Commitment Fee to the Investor the Commitment Fee, pursuant toin such manner, at such time(s) and otherwise pursuant to and in such manner as set forth in Section 3.4 and accordance with Section 10.1(ii) of this Agreement, including the obligation of the Company to (A) pay the Cash Commitment Fee to the Investor on the Closing Date in accordance with Section 10.1(ii)(a), and (B) deliver the Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date in accordance with Section 10.1(ii)(b), and (ii) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday VWAP Purchase and each Fixed Intraday VWAP Purchase effected by the Company pursuant to this Agreement (as applicable)Company, in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, Purchase and not later than the applicable Purchase Share Delivery Date with respect to such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, (as applicable) in accordance with Section 3.43.3. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).. ​

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) pay or cause to be paid the Initial Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date in accordance with Section 10.1(b)(i), (ii) the Additional Commitment Fee, pursuant to, at such time(sShares to be issued and delivered to the Investor under Section 10.1(b)(ii) and hereof in such manner as set forth amounts and within the time periods specified in Section 3.4 and Section 10.1(ii10.1(b)(ii) of this Agreementhereof, and (iiiii) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday VWAP Purchase and each Fixed Intraday VWAP Purchase effected by the Company pursuant to this Agreement (as applicable)Company, in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, Purchase and not later than the applicable Purchase Share Delivery Date with respect to such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, (as applicable) in accordance with Section 3.43.3. For the avoidance of doubt, nothing in this Section 6.6(i6.6(a) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to (i) pay or cause to be paid the Commitment Fee to the Investor the Commitment Fee, pursuant toin such manner, at such time(s) and otherwise pursuant to and in such manner as set forth in Section 3.4 and accordance with Section 10.1(ii) of this Agreement, including the obligation of the Company to (A) pay the Cash Commitment Fee to the Investor on the Closing Date in accordance with Section 10.1(ii)(a), and (B) deliver the Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date in accordance with Section 10.1(ii)(b), and (ii) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday VWAP Purchase and each Fixed Intraday VWAP Purchase effected by the Company pursuant to this Agreement (as applicable)Company, in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, Purchase and not later than the applicable Purchase Share Delivery Date with respect to such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, (as applicable) in accordance with Section 3.43.3. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to (i) pay or cause to be paid issue and deliver the Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date in accordance with Section 10.1(ii)(a), (ii) pay the Cash Commitment Fee, pursuant to, at such time(s) and Fee to the Investor on the Closing Date in such manner as set forth in accordance with Section 3.4 and Section 10.1(ii) of this Agreement10.1(ii)(b), and (iiiii) issue and deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday VWAP Purchase and each Fixed Intraday VWAP Purchase effected by the Company pursuant to this Agreement (as applicable)Company, in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, Purchase and not later than the applicable Purchase Share Delivery Date with respect to such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, (as applicable) in accordance with Section 3.43.3. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver (i) pay or cause to be paid the Initial Commitment Shares to the Investor not later than 4:00 p.m. (New York time) on the Trading Day immediately following the Closing Date in accordance with Section 10.1(ii)(a), (ii) the Additional Commitment Fee, pursuant to, at such time(sShares that may be issued and delivered to the Investor under Section 10.1(ii)(b) and hereof in such manner as set forth amounts and within the time periods specified in Section 3.4 and Section 10.1(ii10.1(ii)(b) of this Agreementhereof, and (iiiii) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday VWAP Purchase and each Fixed Intraday VWAP Purchase effected by the Company pursuant to this Agreement (as applicable)Company, in each case not later than the applicable Purchase Share Delivery Date with respect to such VWAP Purchase, Purchase and not later than the applicable Purchase Share Delivery Date with respect to such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, (as applicable) in accordance with Section 3.43.3. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).

No Frustration. The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to (i) pay or cause to be paid deliver the Commitment Shares to the Investor not later than 4:00 p.m. (New York City time) on the Commitment Fee, pursuant to, at such time(s) Trading Day on which the Initial Registration Statement is initially filed by the Company with the Commission (and in such manner no event later than 4:00 p.m. (New York City time) on the Filing Deadline for the Initial Registration Statement as set forth in Section 3.4 and Section 10.1(ii) the Registration Rights Agreement), if the Company has elected to pay the Commitment Fee by the issuance of the Commitment Shares pursuant to this Agreement, and (ii) deliver the Shares to the Investor in respect of each VWAP Purchase, each Intraday a VWAP Purchase and each Fixed VWAP Purchase effected by the Company pursuant to this Agreement (as applicable), in each case not later than the applicable VWAP Purchase Share Delivery Settlement Date with respect to for such VWAP Purchase, such Intraday VWAP Purchase and such Fixed VWAP Purchase, respectively, in accordance with Section 3.43.2. For the avoidance of doubt, nothing in this Section 6.6(i) shall in any way limit the Company’s right to terminate this Agreement in accordance with Section 8.2 (subject in all cases to Section 8.3).