All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 14 contracts
Samples: Underwriting Agreement (Denison Mines Corp.), Underwriting Agreement (Taseko Mines LTD), Underwriting Agreement (Northern Dynasty Minerals LTD)
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company Corporation at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterthe Underwriters.
Appears in 9 contracts
Samples: Underwriting Agreement (Mag Silver Corp), Underwriting Agreement (Endeavour Silver Corp), Underwriting Agreement (Mag Silver Corp)
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company Corporation at or prior to the Time of Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterthe Underwriters.
Appears in 5 contracts
Samples: Underwriting Agreement (Silver Wheaton Corp.), Underwriting Agreement (Platinum Group Metals LTD), Underwriting Agreement (Mag Silver Corp)
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company and the other Underwriters at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 4 contracts
Samples: Underwriting Agreement (Uranium Royalty Corp.), Underwriting Agreement, Underwriting Agreement (Eldorado Gold Corp /Fi)
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, Securities by written notice to that effect given to the Company at or prior to the Closing Time or the Option Over-Allotment Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 3 contracts
Samples: Underwriting Agreement (Vox Royalty Corp.), Underwriting Agreement, Underwriting Agreement
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters (or any one of them) to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters (or any one of them) may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any such Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 3 contracts
Samples: Underwriting Agreement (Western Copper & Gold Corp), Underwriting Agreement (Western Copper & Gold Corp), Underwriting Agreement (Alexco Resource Corp)
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation. Any breach or failure by the Corporation to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company Corporation at or prior to the Time of Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterthe Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Seabridge Gold Inc), Underwriting Agreement (Seabridge Gold Inc)
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement section 7 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation and that it will use its commercial best efforts to cause all such conditions to be complied with. Any breach or failure to comply with any of the conditions set out in this Agreement section 7 shall entitle any of the Underwriters to terminate their its obligation to purchase the Offered SharesSpecial Warrants, by written notice to that effect given to the Company Corporation at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwritereach of the Underwriters.
Appears in 2 contracts
Samples: Underwriting Agreement (Amaya Gaming Group Inc.), Underwriting Agreement (Amaya Gaming Group Inc.)
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered SharesShares in accordance with Section 13(1)(d), by written notice to that effect given to the Company Corporation at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterthe Underwriters.
Appears in 1 contract
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, Securities by written notice to that effect given to the Company at or prior to the Closing Time or the Option Over -Allotment Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Electra Battery Materials Corp)
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCompany. Any breach or failure to comply with any of the conditions set out in this Agreement shall shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by by written notice to that effect given to the Company and the other Underwriters at or prior to the Closing Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions conditions or any other or subsequent breach or non-compliance, provided that to be binding on any any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.Underwriter.
Appears in 1 contract
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation and that it will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company Corporation at or prior to the Closing Time or the Option Closing Time, as applicableof Closing. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions in this Agreement without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterwriting.
Appears in 1 contract
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation. Any breach or failure by the Corporation to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company Corporation at or prior to the Firm Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, ; provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterthe Representatives.
Appears in 1 contract
Samples: Underwriting Agreement (Paramount Gold Nevada Corp.)
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered SharesSecurities, by written notice to that effect given to the Company Corporation at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters Lead Underwriter, on behalf of the Underwriters, may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such the Lead Underwriter.
Appears in 1 contract
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters Underwriter to terminate their its obligation to purchase the Offered Shares, by written notice to that effect given to the Company at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters Underwriter may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters Underwriter in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any the Underwriter any such waiver or extension must be in writing and signed by such the Underwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Avino Silver & Gold Mines LTD)
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters CFCC may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 1 contract
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters Underwriter to terminate their its obligation to purchase the Offered Shares, by written notice to that effect given to the Company Corporation at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters Underwriter may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters Underwriter in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any the Underwriter any such waiver or extension must be in writing and signed by such the Underwriter.
Appears in 1 contract
All Terms to be Conditions. The Company Corporation agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the CompanyCorporation. Any breach or failure to comply with any of the conditions set out in this Agreement in any material respect shall entitle any of the Underwriters to terminate their obligation to purchase the Offered SharesShares in accordance with Section 13(1)(d), by written notice to that effect given to the Company Corporation at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterthe Underwriters.
Appears in 1 contract
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters Underwriter to terminate their obligation to purchase the Offered Shares, Securities by written notice to that effect given to the Company at or prior to the Closing Time or the Option Over- Allotment Closing Time, as applicable. It is understood that the Underwriters Underwriter may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters Underwriter in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 1 contract
Samples: Underwriting Agreement
All Terms to be Conditions. The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any material breach or material failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company and the other Underwriters at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 1 contract