No Obligation to Consummate. The Company shall not be obligated to consummate any proposed issuance of New Securities, nor be liable to any Shareholder if the Company has not consummated any proposed issuance of New Securities pursuant to this Section 3 (Right of Participation) for whatever reason, regardless of whether it shall have delivered a First Participation Notice or received any exercise notice in respect of such proposed issuance (provided that in such case the Company shall use its best efforts to consummate the issuance of New Securities to the Shareholders that have delivered such exercise notice).
No Obligation to Consummate. The Company shall not be obligated to consummate any proposed issuance of New Securities, nor be liable to any Preferred Shareholder if the Company has not consummated any proposed issuance of New Securities pursuant to this Section 2 for whatever reason, regardless of whether it shall have delivered a First Participation Notice or a Second Participation Notice or received any exercise notice in respect of such proposed issuance (provided that in such case the Company shall use its commercially reasonable efforts to consummate the issuance of such New Securities to each Preferred Shareholder that has exercised its Right or Participation or Oversubscription Right).
No Obligation to Consummate. Notwithstanding anything to the contrary contained in this MOU, the mere existence of and/or signature by the Parties of this MOU shall not imply any kind of promise or obligation to enter into a Definitive Agreement or otherwise consummate the Business Opportunity described in this MOU.
