Common use of Nullification Clause in Contracts

Nullification. Either of the Parties to this Agreement may terminate this Agreement rendering it null, void and of no force or effect, if the Company fails for any reason to commence the Tender Offer; provided that, the Company has made a good faith effort to obtain the financing necessary to carry out the Tender Offer and has failed to acquire such financing.

Nullification. Either of the Parties to this Agreement may terminate this Agreement rendering it null, void and of no force or effect, if the Company fails for any reason to commence the Tender Offer; provided that. Notwithstanding the previous sentence, the Company may not terminate this Agreement, unless it has made a good faith effort to obtain the necessary financing necessary and make the appropriate regulatory filings to carry out commence the Tender Offer and has failed pursuant to acquire such financingthe terms of this Agreement.