Common use of Efforts to Fulfill Conditions Clause in Contracts

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6), use Commercially Reasonable Efforts (A) to take, or cause to be taken, all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in Section 2.3(a) and Sections 2.3(b)(iii)-(x) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇, providing testimony or other information in support thereof) at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms hereof, and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing.

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6), use Commercially Reasonable Efforts (A) to take, or cause to be taken, all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in [Section 2.3(a) and Sections 2.3(b)(iii)-(x2.3(b)(iii)-(ix) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) )] 33 and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇, providing testimony or other information in support thereof) at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms hereof, and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing.

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6), use Commercially Reasonable Efforts (A) to take, or cause to be taken, all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in Section 2.3(a) and Sections 2.3(b)(iii)-(x) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇Buyer, providing testimony or other information in support thereof) at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms hereof, and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing.

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6)Agreement, use Commercially Reasonable Efforts (A) to take, or cause to be taken, take all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in Section 2.3(a) and Sections 2.3(b)(iii)-(x2.3(b)(iii)-(ix) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, Transaction and this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇, providing testimony or other information in support thereof) Agreement at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms hereof, Date and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing. Each Party shall keep the other reasonably apprised of its progress with respect to satisfaction of the conditions of such Party hereunder.

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6), use Commercially Reasonable Efforts (A) to take, or cause to be taken, all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in Section 2.3(a) and Sections 2.3(b)(iii)-(x2.3(b)(iii)-(ix) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇, providing testimony or other information in support thereof) at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms 15 NTD: If Seller has an Environmental Assessment acceptable to Buyer at the Effective Date, this condition precedent shall be changed to: “on or before [ ], Seller shall have provided to Buyer a bringdown of the Environmental Assessment from the same consultant that issued such Environmental Assessment, which (i) shows no new environmental conditions with respect to the Facility and the Facility Site beyond those identified in the original Environmental Assessment and (ii) is dated no more than one hundred eighty (180) days prior to the Delivery Term Commencement Date.” hereof, and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing.

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6), use Commercially Reasonable Efforts (A) to take, or cause to be taken, all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in [Section 2.3(a) and Sections 2.3(b)(iii)-(x2.3(b)(iii)-(ix) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) Buyer)]63 and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇Buyer, providing testimony or other information in support thereof) at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms hereof, and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing.

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6), use Commercially Reasonable Efforts (A) to take, or cause to be taken, all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in [Section 2.3(a) and Sections 2.3(b)(iii)-(x2.3(b)(iii)-(ix) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) )] 35 and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇, providing testimony or other information in support thereof) at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms hereof, and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing.

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6), use Commercially Reasonable Efforts (A) to take, or cause to be taken, all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in [Section 2.3(a) and Sections 2.3(b)(iii)-(x2.3(b)(iii)-(ix) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) Buyer)]62 and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇, providing testimony or other information in support thereof) at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms hereof, and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing.

Efforts to Fulfill Conditions. (a) (i) Commencing on the Effective Date, and subject to the other terms and conditions of this Agreement, Seller and Buyer each shall, without limiting its other related obligations under this Agreement (including Seller’s obligations under Sections 7.2(a)(i), 7.3(a)(ii), 7.3(b), 7.3(c) and 7.6), use Commercially Reasonable Efforts (A) to take, or cause to be taken, all actions, and to do (or cause to be done) all things, that are necessary, proper or advisable to cause the fulfillment of the conditions set forth in Section 2.3(a) and Sections 2.3(b)(iii)-(x2.3(b)(iii)-(ix) (in the case of Seller) and Sections 2.3(b)(i) and (ii) (in the case of Buyer) and (B) to assist and cooperate with the other in taking or doing the actions and things described in clause (A) above. Seller’s obligations to assist and cooperate with Buyer as provided above shall include the obligations (1) to support this Transaction, this Agreement, and the terms hereof fully (including, if requested by ▇▇▇▇▇Buyer, providing testimony or other information in support thereof) at Buyer’s request in any regulatory or similar proceeding, case, action, inquiry, or investigation, whenever occurring after the Effective Date, including in any hearing, discovery or filing involving a Governmental Approval of or relating to the Transaction, this Agreement, or any of the terms hereof, and (2) not to take any action or position or make any Claim in any such proceeding, case, action, inquiry, or investigation that is inconsistent with the foregoing.