Common use of All Terms to be Conditions Clause in Contracts

All Terms to be Conditions. 18.1 The Company, CanArgo and the Selling Shareholder agree that the conditions contained in Section 11 of this Agreement will be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder, as applicable, and that each will use its best efforts to cause all of those conditions to be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder. Each certificate required to be provided in accordance with the terms of this Agreement, signed by any officer or officers of the Company, CanArgo or the Selling Shareholder and delivered to the Agents or the Agents’ counsel, will constitute a representation and warranty by the Company, CanArgo or the Selling Shareholder, as the case may be, to each of the Agents as to the matters covered thereby. All representations, warranties, covenants and other terms of this Agreement will be and will be deemed to be conditions, and any breach or failure to comply with any of them or any of the conditions set out in Section 11 will entitle each of the Agents to terminate its obligation to offer the Shares, by written notice to that effect given to the Company, CanArgo and the Selling Shareholder at or prior to the Time of Closing. It is understood that the Agents may waive, in whole or in part, or extend the time for compliance with, any of those terms and conditions without prejudice to the rights of the Agents in respect of any of those terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agents any such waiver or extension must be in writing.

All Terms to be Conditions. 18.1 The Company, CanArgo and the Selling Shareholder agree that the conditions contained in Section 11 of this Agreement will be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder, as applicable, and that each will use its best efforts to cause all of those conditions to be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder. Each certificate required to be provided in accordance with the terms of this Agreement, signed by any officer or officers of the Company, CanArgo or the Selling Shareholder and delivered to the Agents or the Agents’ ' counsel, will constitute a representation and warranty by the Company, CanArgo or the Selling Shareholder, as the case may be, to each of the Agents as to the matters covered thereby. All representations, warranties, covenants and other terms of this Agreement will be and will be deemed to be conditions, and any breach or failure to comply with any of them or any of the conditions set out in Section 11 will entitle each of the Agents to terminate its obligation to offer the Shares, by written notice to that effect given to the Company, CanArgo and the Selling Shareholder at or prior to the Time of Closing. It is understood that the Agents may waive, in whole or in part, or extend the time for compliance with, any of those terms and conditions without prejudice to the rights of the Agents in respect of any of those terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agents any such waiver or extension must be in writing.

All Terms to be Conditions. 18.1 (a) The CompanySeller’s obligation to sell the Purchased Units shall be conditional upon all necessary consents, CanArgo approvals and authorizations, including those required to be obtained under the Securities Laws, which are required for the consummation by the Seller of the transactions contemplated by this Agreement, having been obtained at or prior to the Closing Time. The Seller and the Selling Shareholder REIT hereby agree to use their best efforts to obtain all such consents, approvals and authorizations at or prior to the Closing Time. (b) The Seller and the REIT each agree that the conditions contained in Section 11 of this Agreement will be complied with insofar as they the same relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder, as applicable, and that each will use its best efforts to cause all of those conditions to be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder. Each certificate required to be provided in accordance with the terms of this Agreement, signed by any officer or officers of the Company, CanArgo Seller or the Selling Shareholder and delivered to the Agents or the Agents’ counsel, will constitute a representation and warranty by the Company, CanArgo or the Selling ShareholderREIT, as the case may be, and that they will each use their reasonable best efforts to each of the Agents as cause all such conditions to the matters covered therebybe complied with. All representations, warranties, covenants and other terms of this Agreement will (including without limitation the delivery of the comfort letters referred to in Subsection 5(a)(v)) shall be and will shall be deemed to be conditions, and any breach or failure to comply with any of them or any of the conditions set out in Section 11 will shall entitle each of the Agents any Underwriter to terminate its obligation to offer purchase the Shares, Purchased Units by written notice to that effect given to the Company, CanArgo Seller and the Selling Shareholder REIT at or prior to the Time of ClosingClosing Time. It is understood that the Agents Underwriters may waive, in whole or in part, or extend the time for compliance with, any of those such terms and conditions without prejudice to the rights of the Agents Underwriters in respect of any of those such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agents Underwriters any such waiver or extension must be in writingwriting and signed by all of the Underwriters.

All Terms to be Conditions. 18.1 (a) The Company, CanArgo and the Selling Shareholder agree Corporation agrees that the conditions contained in Section section 11 of this Agreement will be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder, as applicable, Corporation and that each it will use its best efforts to cause all of those conditions to be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling ShareholderCorporation. Each certificate required to be provided in accordance with the terms of this Agreement, signed by any officer or officers of the Company, CanArgo or the Selling Shareholder Corporation and delivered to the Agents or the Agents’ their respective counsel, will constitute a representation and warranty by the Company, CanArgo or the Selling Shareholder, as the case may be, Corporation to each of the Agents as to the matters covered thereby. All representations, warranties, covenants and other terms of this Agreement in respect of the Corporation will be and will be deemed to be conditions, and any material breach of any covenant by the Corporation, or any breach or failure by the Corporation to comply with any of them the representations, warranties, conditions or any other terms of the conditions set out in Section 11 this Agreement will entitle each of the Agents to terminate this Agreement and its obligation to offer the SharesOffered Securities, by written notice to that effect given to the Company, CanArgo and the Selling Shareholder Corporation at or prior to the Time of Closing. It is understood that the Agents may waive, in whole or in part, or extend the time for compliance with, any of those terms and conditions without prejudice to the rights of the Agents in respect of any of those terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agents any such waiver or extension must be in writingwriting and signed by all Agents. If the Agents shall elect to terminate the obligations thereof to complete the Closing, whether the reason for such termination is within or beyond the control of the Corporation, the liability of the Corporation hereunder shall be limited to the indemnity referred to in section 16 hereof, the right to contribution referred to in section 17 hereof and the payment of expenses referred to in section 19 hereof.

All Terms to be Conditions. 18.1 16.1 The Company, CanArgo and the Selling Shareholder agree Company agrees that the conditions contained in Section 11 9 of this Agreement will be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder, as applicable, Company and that each it will use its best commercially reasonable efforts to cause all of those conditions to be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholderit. Each certificate required to be provided in accordance with the terms of this Agreement, signed by any officer or officers of the Company, CanArgo or the Selling Shareholder Company and delivered to the Agents Agent or the Agents’ Agent's counsel, will constitute a representation and warranty by the CompanyCompany to the Agent as to the matters covered thereby. Each certificate required to be provided in accordance with the terms of this Agreement, CanArgo signed by any officer or the Selling Shareholder, as the case may be, to each officers of the Agents Company and delivered to the Special Selling Agent, will constitute a representation and warranty by the Company to the Special Selling Agent as to the matters covered thereby. All representations, warranties, covenants and other terms of this Agreement will be and will be deemed to be conditions, and any breach or failure to comply with any of them or any of the conditions set out in Section 11 9 will entitle each of the Agents Agent to terminate its obligation to offer the Shares, by written notice to that effect given to the Company, CanArgo and the Selling Shareholder Company at or prior to the Time of Closing. It is understood that the Agents Agent may waive, in whole or in part, or extend the time for compliance with, any of those terms and conditions without prejudice to the rights of the Agents Agent in respect of any of those terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agents Agent any such waiver or extension must be in writing.

All Terms to be Conditions. 18.1 16.1 The Company, CanArgo and the Selling Shareholder agree Company agrees that the conditions contained in Section 11 9 of this Agreement will be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholder, as applicable, Company and that each it will use its best commercially reasonable efforts to cause all of those conditions to be complied with insofar as they relate to acts to be performed or caused to be performed by the Company, CanArgo and the Selling Shareholderit. Each certificate required to be provided in accordance with the terms of this Agreement, signed by any officer or officers of the Company, CanArgo or the Selling Shareholder Company and delivered to the Agents or the Agents’ ' counsel, will constitute a representation and warranty by the CompanyCompany to the Agent as to the matters covered thereby. Each certificate required to be provided in accordance with the terms of this Agreement, CanArgo signed by any officer or the Selling Shareholder, as the case may be, to each officers of the Company and delivered to the Special Selling Agents, will constitute a representation and warranty by the Company to the Special Selling Agents as to the matters covered thereby. All representations, warranties, covenants and other terms of this Agreement will be and will be deemed to be conditions, and any breach or failure to comply with any of them or any of the conditions set out in Section 11 9 will entitle each of the Agents to terminate its obligation to offer the Shares, by written notice to that effect given to the Company, CanArgo and the Selling Shareholder Company at or prior to the Time of Closing. It is understood that the Agents may waive, in whole or in part, or extend the time for compliance with, any of those terms and conditions without prejudice to the rights of the Agents in respect of any of those terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agents any such waiver or extension must be in writing.