Common use of Actions if Conditions not Fulfilled Clause in Contracts

Actions if Conditions not Fulfilled. If any condition set forth in Section 3 shall not have been fulfilled or waived in writing by the Target Completion Date, (a) the Investor, in the case of a failure of any of the conditions set forth in Section 3.1 by the Company, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement, in accordance with Section 12.2; and (b) the Company, in the case of a failure of any of the conditions set forth in Section 3.2, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement in accordance with Section 12.2.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (KKR & Co. L.P.), Convertible Note Purchase Agreement (China Cord Blood Corp)

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Actions if Conditions not Fulfilled. If any condition set forth in Section 3 shall not have been fulfilled or waived in writing by the Target Completion Date, (a) the Investor, in the case of a failure of any of the conditions set forth in Section 3.1 by the Company, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement, in accordance with Section 12.211.2; and (b) the Company, in the case of a failure of any of the conditions set forth in Section 3.2, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement in accordance with Section 12.211.2.

Appears in 2 contracts

Samples: Waiver and Consent (KKR & Co. L.P.), Convertible Note Purchase Agreement (China Cord Blood Corp)

Actions if Conditions not Fulfilled. If any condition set forth in Section 3 shall not have been fulfilled or waived in writing by the Target Completion Date, (a) the Investor, in the case of a failure of any of the conditions set forth in Section 3.1 by the Company, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion of its purchase of Purchased Shares to a later date; (ii) so far as practicable, proceed to CompletionCompletion of its purchase of Purchased Shares; or (iii) terminate this Agreement, in accordance with Section 12.211.2; and (b) the Company, in the case of a failure of any of the conditions set forth in Section 3.2, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement in accordance with Section 12.211.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (China XD Plastics Co LTD)

Actions if Conditions not Fulfilled. If any condition set forth in Section 3 shall not have been fulfilled or waived in writing by the Target Completion Date, (a) the Investor, in the case of a failure of any of the conditions set forth in Section 3.1 by the Company, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) i. defer Completion to a later date; (ii) . so far as practicable, proceed to Completion; or (iii) . terminate this Agreement, Agreement in accordance with Section 12.211.2; and (b) the Company, in the case of a failure of any of the conditions set forth in Section 3.2, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) i. defer Completion to a later date; (ii) . so far as practicable, proceed to Completion; or (iii) . terminate this Agreement in accordance with Section 12.211.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Yongye International, Inc.)

Actions if Conditions not Fulfilled. If any condition set forth in Section 3 shall not have been fulfilled or waived in writing by the Target Completion Date, (a) the Investor, in the case of a failure of any of the conditions set forth in Section 3.1 by the Company, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement, in accordance with Section 12.211.2; and (b) the Company, in the case of a failure of any of the conditions set forth in Section 3.23.2 by the Investor, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement in accordance with Section 12.211.2.

Appears in 1 contract

Samples: Share Purchase Agreement (China Cord Blood Corp)

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Actions if Conditions not Fulfilled. If any condition set forth in Section 3 shall not have been fulfilled or waived in writing by the Target Completion Founder Closing Date, (a) the Investor, in the case of a failure of any of the conditions set forth in Section 3.1 by the CompanyIssuer Group, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement, in accordance with Section 12.210.2; and (b) the CompanyIssuer, in the case of a failure of any of the conditions set forth in Section 3.23.2 by the Investor Group, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement in accordance with Section 12.210.2.

Appears in 1 contract

Samples: Convertible Bond Purchase Agreement (Han Shaoyun)

Actions if Conditions not Fulfilled. If any condition set forth in Section 3 shall not have been fulfilled or waived in writing by the date (the “Target Completion Date,”) that is ninety (90) Business Days after the date of this Agreement: (a) the Investor, in the case of a failure of any of the conditions set forth in Section 3.1 by the Company, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement, in accordance with Section 12.211.2; and (b) the Company, in the case of a failure of any of the conditions set forth in Section 3.23.2 by the Investor, may, at its option, without prejudice to its rights hereunder and in accordance with applicable law: (i) defer Completion to a later date; (ii) so far as practicable, proceed to Completion; or (iii) terminate this Agreement in accordance with Section 12.211.2.

Appears in 1 contract

Samples: Share Purchase Agreement (Ambow Education Holding Ltd.)

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