Common use of Waiver of Liquidated Damages Clause in Contracts

Waiver of Liquidated Damages. If Atlas Energy is unable to cause a Registration Statement to become effective by the Target Effective Date as a result of an acquisition, merger, reorganization, disposition or other similar transaction, then Atlas Energy may request a waiver of the Liquidated Damages, which may be granted or withheld by the consent of the Holders of two-thirds of the aggregate of the Purchased Class D Units and the Purchased Units, voting as a single class, in their sole discretion.