Common use of Reasonable Commercial Efforts Clause in Contracts

Reasonable Commercial Efforts. Reasonable commercial efforts means that the obligated party is required to make a diligent, reasonable and good faith effort to accomplish the applicable objective. Such obligation, however, does not require an expenditure of funds or the incurrence of a liability on the part of the obligated party, nor does it require that the obligated party act in a manner that would be contrary to normal commercial practices in order to accomplish the objective. The fact that the objective is or is not actually accomplished is not, by itself, an indication that the obligated party did or did not in fact utilize its reasonable commercial efforts in attempting to accomplish the objective.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Magnegas Corp), Asset Purchase Agreement (NetApp, Inc.), Asset Purchase Agreement (Taronis Technologies, Inc.)

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Reasonable Commercial Efforts. Reasonable commercial efforts means that the obligated party is required to make a diligent, reasonable and good faith effort to accomplish the applicable objective. Such obligation, however, does not require an expenditure of material funds or the incurrence of a liability on the part of the obligated party, nor does it require that the obligated party act in a manner that would be contrary to normal commercial practices in order to accomplish the objective. The fact that the objective is or is not actually accomplished is not, by itself, an no indication that the obligated party did or did not in fact utilize its reasonable commercial efforts in attempting to accomplish the objective.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Triquint Semiconductor Inc), Asset Purchase Agreement (Lsi Corp), Asset Purchase Agreement (Agere Systems Inc)

Reasonable Commercial Efforts. Reasonable commercial efforts means that the obligated party is required to make a diligent, reasonable and good faith effort to accomplish the applicable objective. Such obligation, however, does not require an expenditure of material funds or the incurrence of a liability material liability, in each case inconsistent with past practice, on the part of the obligated party, nor does it require that the obligated party act in a manner that would be contrary to normal commercial practices in order to accomplish the objective. The fact that the objective is or is not actually accomplished is not, by itself, an no indication that the obligated party did or did not in fact utilize its reasonable commercial efforts in attempting to accomplish the objective.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Agere Systems Inc), Asset Purchase Agreement (Emcore Corp)

Reasonable Commercial Efforts. Reasonable commercial efforts means that the obligated party is required to make a diligent, reasonable and good faith effort to accomplish the applicable objective. Such obligation, however, does not require an expenditure of material funds or the incurrence of a material liability on the part of the obligated party, nor does it require that the obligated party act in a manner that would be contrary to normal commercial practices in order to accomplish the objective. The fact that the objective is or is not actually accomplished is not, by of itself, an indication dispositive that the obligated party did or did not in fact utilize its reasonable commercial efforts in attempting to accomplish the objective.

Appears in 1 contract

Samples: Asset Purchase Agreement (Triquint Semiconductor Inc)

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Reasonable Commercial Efforts. Reasonable commercial efforts means that the obligated party Party is required to make a diligent, reasonable and good faith effort to accomplish the applicable objective. Such obligation, however, does not require an expenditure of material funds or the incurrence of a liability on the part of the obligated partyParty, nor does it require that the obligated party act Party acts in a manner that would be contrary to normal commercial practices in order to accomplish the objective. The fact that the objective is or is not actually accomplished is not, by itself, an no indication that the obligated party Party did or did not in fact utilize its reasonable commercial efforts in attempting to accomplish the objective.

Appears in 1 contract

Samples: Asset Purchase Agreement (Avago Technologies LTD)

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