Common use of Date of Consummation Clause in Contracts

Date of Consummation. The transactions contemplated hereby shall have been consummated on or prior to April 1, 2005, or such later date as the parties shall agree by a written instrument signed by all of them. Notwithstanding anything to the contrary in this Agreement, Sellers may not rely on the failure of any condition set forth in Article VIII to be satisfied if such failure was caused by Sellers’ failure to use its commercially reasonable efforts pursuant to Section 5.2.

Date of Consummation. The transactions contemplated hereby herein shall have been consummated on or prior to April 1, 2005, or such later date as the parties shall agree by a written instrument signed by all of them. Notwithstanding anything to the contrary in this Agreement, Sellers Buyer may not rely on the failure of any condition set forth in this Article VIII VII to be satisfied if such failure was caused by Sellers’ Buyer’s failure to use its commercially reasonable efforts pursuant to Section 5.2.