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Common use of All Terms to be Conditions Clause in Contracts

All Terms to be Conditions. The Corporation agrees that all terms and conditions of this Agreement shall be construed as conditions and complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation, and the Corporation will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure by the Corporation to comply with any of such conditions shall entitle each of the Agents to terminate their respective obligations under this Agreement, by written notice to that effect given to the Corporation at or prior to the Time of Closing. It is understood that each of the Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an Agent any such waiver or extension must be in writing and signed by such Agent.

Appears in 1 contract

Samples: Agency Agreement (Fairfax Financial Holdings LTD/ Can)

All Terms to be Conditions. The Corporation agrees that all terms and the conditions of this Agreement shall contained in Section 12 will be construed as conditions and complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation, and the Corporation will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure by the Corporation to comply with any of such the conditions contained in Section 12 shall entitle each the Agent, at its sole option, to terminate and cancel, without any liability on the part of the Agents to terminate their respective Agent and the Purchasers, all of its obligations (and those of any Purchasers arranged by it) under this Agreement, by written notice to that effect given to the Corporation at or prior to the Time of ClosingClosing Time. It is understood that each of the Agents Agent may waive, in whole or in part, or extend the time for compliance with, any terms and of such conditions without prejudice to its the rights of the Agent in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an Agent Agent, any such waiver or extension must be in writing and signed by such the Agent.

Appears in 1 contract

Samples: Agency Agreement

All Terms to be Conditions. The Corporation agrees that all terms and the conditions of this Agreement shall contained in paragraph 10 will be construed as conditions and complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation, Corporation and the Corporation that it will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure by the Corporation to comply with any of such the conditions set out in paragraph 10 (except subparagraph 10(i)) shall entitle each of the Agents Agent to terminate their respective obligations under this Agreementits obligation to complete the Offering, by written notice to that effect given to the Corporation at or prior to the Time of ClosingClosing Time. It is understood that each of the Agents Agent may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to its the rights of the Agent in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an the Agent any such waiver or extension must be in writing and signed by such the Agent.

Appears in 1 contract

Samples: Agency Agreement (American Bonanza Gold Corp.)

All Terms to be Conditions. The Corporation agrees that all terms and the conditions of this Agreement shall contained in Section 2.8 will be construed as conditions and complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation, and the Corporation will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure by the Corporation to comply with any of such the conditions set out in Section 2.8 shall entitle each Agent, at its sole option, to terminate and cancel, without any liability on the part of such Agent or on the part of the Agents to terminate their respective other Agents, all of its obligations under this Agreement, by written notice to that effect given to the Corporation at or prior to the Time of ClosingClosing Time. It is understood that each of the Agents may waive, in whole or in part, or extend the time for compliance with, any terms and of such conditions without prejudice to its the rights of the Agents in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an Agent any such waiver or extension must be in writing and signed by such Agent.

Appears in 1 contract

Samples: Agency Agreement (American Lithium Corp.)

All Terms to be Conditions. The Corporation agrees that all terms and conditions of this Agreement shall be construed as conditions and complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation, and the Corporation will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure by the Corporation to comply with any of such conditions shall entitle each of the Agents to terminate their respective obligations under this Agreementto purchase the Offered Units, by written notice to that effect given to the Corporation at or prior to the Time of Closing. It is understood that each of the Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an Agent any such waiver or extension must be in writing and signed by such Agent.

Appears in 1 contract

Samples: Agency Agreement

All Terms to be Conditions. The Corporation agrees that all terms and the conditions of this Agreement shall contained in Sections 8 will be construed as conditions and complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation, Corporation and the Corporation that it will use its commercially reasonable best efforts to cause all such conditions to be complied with. Any breach or failure by the Corporation to comply with any of such conditions shall them (including those in Sections 8) will entitle each of the Agents (or any one of them) to terminate their respective obligations under this Agreement, to arrange for the purchase of the Offered Securities by written notice to that effect given to the Corporation at or prior to the Time of ClosingClosing Time. It is understood that each of the Agents may waive, in whole or in part, or extend extent the time for compliance with, any of such terms and conditions without prejudice to its the rights of the Agents in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an Agent the Agents, any such waiver or extension must be in writing and signed by such Agentwriting.

Appears in 1 contract

Samples: Agency Agreement