Common use of Relationship of this Agreement and Related Purchase Agreements Clause in Contracts

Relationship of this Agreement and Related Purchase Agreements. The transactions contemplated by this Agreement, together with the transactions contemplated by the Related Purchase Agreements, are intended by the Parties to be consummated substantially simultaneously; and if any of the transactions contemplated hereby or by any of the Related Purchase Agreements are not consummated simultaneously on the Closing Date in accordance with the terms and subject to the conditions set forth herein and therein, as applicable, then each Party shall take, or cause to be taken, all actions, and do, or cause to be done, all things, in each case, that are necessary to dissolve and invalidate all transactions contemplated hereby; provided, however, that if the failure to consummate the transactions contemplated hereby or by the Related Purchase Agreements results from a default or breach of a party under this Agreement or any of the Related Purchase Agreements, then nothing in the foregoing shall preclude or limit the rights or remedies of any Party in connection with such default or breach. Notwithstanding any provision contained herein to the contrary, if all conditions to the obligations of all parties to the ACE Related Purchase Agreements to consummate the transactions contemplated thereby have been satisfied or, to the extent permitted by applicable Law, waived, but, for any reason, the transactions contemplated by this Agreement and the DP&L Related Purchase Agreement cannot be consummated simultaneously therewith, then the Parties shall, at Buyer's option and in its sole discretion, consummate the transactions contemplated by the ACE Related Purchase Agreements; provided, however, that nothing contained in this Section 3.9 shall be construed as relieving Buyer of any of its obligations under this Agreement or the DP&L Related Purchase Agreement, as set forth therein.

Relationship of this Agreement and Related Purchase Agreements. The transactions contemplated by this Agreement, together with the transactions contemplated by the Related Purchase Agreements, are intended by the Parties to be consummated substantially simultaneously; and if any of the transactions contemplated hereby or by any of the Related Purchase Agreements are not consummated simultaneously on the Closing Date in accordance with the terms and subject to the conditions set forth herein and therein, as applicable, then each Party shall take, or cause to be taken, all actions, and do, or cause to be done, all things, in each case, that are necessary to dissolve and invalidate all transactions contemplated hereby; provided, however, that if the failure to consummate the transactions contemplated hereby or by the Related Purchase Agreements results from a default or breach of a party under this Agreement or any of the Related Purchase Agreements, then nothing in the foregoing shall preclude or limit the rights or remedies of any Party in connection with such default or breach. Notwithstanding any provision contained herein to the contrary, if all conditions to the obligations of all parties to this Agreement and the ACE Related Purchase Agreements Agreement to consummate the transactions contemplated hereby and thereby have been satisfied or, to the extent permitted by applicable Law, waived, but, for any reason, the transactions contemplated by this Agreement and the DP&L Related Purchase Agreement Agreements cannot be consummated simultaneously therewith, then the Parties shall, at Buyer's option and in its sole discretion, consummate the transactions contemplated by this Agreement and the ACE Related Purchase AgreementsAgreement; provided, however, that nothing contained in this Section 3.9 shall be construed as relieving Buyer of any of its obligations under this Agreement or the DP&L Related Purchase Agreement, as set forth therein.this

Relationship of this Agreement and Related Purchase Agreements. The transactions contemplated by this Agreement, together with the transactions contemplated by the Related Purchase Agreements, are intended by the Parties to be consummated substantially simultaneously; and if any of the transactions contemplated hereby or by any of the Related Purchase Agreements are not consummated simultaneously on the Closing Date in accordance with the terms and subject to the conditions set forth herein and therein, as applicable, then each Party shall take, or cause to be taken, all actions, and do, or cause to be done, all things, in each case, that are necessary to dissolve and invalidate all transactions contemplated hereby; provided, however, that if the failure to consummate the transactions contemplated hereby or by the Related Purchase Agreements results from a default or breach of a party under this Agreement or any of the Related Purchase Agreements, then nothing in the foregoing shall preclude or limit the rights or remedies of any Party in connection with such default or breach. Notwithstanding any provision contained herein to the contrary, if all conditions to the obligations of all parties to this Agreement and the ACE Related Purchase Agreements Agreement to consummate the transactions contemplated hereby and thereby have been satisfied or, to the extent permitted by applicable Law, waived, but, for any reason, the transactions contemplated by this Agreement and the DP&L Related Purchase Agreement Agreements cannot be consummated simultaneously therewith, then the Parties shall, at Buyer's option and in its sole discretion, consummate the transactions contemplated by this Agreement and the ACE Related Purchase AgreementsAgreement; provided, however, that nothing contained in this Section 3.9 shall be construed as relieving Buyer of any of its obligations under this Agreement or the DP&L Related Purchase AgreementAgreements, as set forth therein.