All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its reasonable 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 section 11 shall entitle the Underwriters (or any of them) to terminate their obligation to arrange for the sale of the Offered Securities, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any 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 such Underwriter in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
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All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 12 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its reasonable 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 section 11 12 shall entitle the Underwriters (or any of them) to terminate their obligation to arrange for the sale of the Offered SecuritiesDebentures, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any 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 such Underwriter in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
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All Terms to be Conditions. The Corporation agrees that the all terms and conditions contained in section 11 will 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 and 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 the such conditions set out in section 11 shall entitle each of the Underwriters (or any of them) to terminate their obligation respective obligations to arrange for purchase the sale of the Offered SecuritiesShares, by written notice to that effect given to the Corporation at or prior to the Closing TimeTime of Closing. It is understood that any Underwriter each 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 its rights of such Underwriter 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 Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
Appears in 1 contract
Samples: Underwriting Agreement (Fairfax Financial Holdings LTD/ Can)
All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation 37. and that it will use its reasonable 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 section 11 shall entitle the Underwriters (or any of them) to terminate their obligation to arrange for the sale of the Offered Securities, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any Underwriter 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 such Underwriter 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 an Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterwriting.
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Samples: Underwriting Agreement (Crosshair Exploration & Mining Corp)
All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 paragraph 9, and, if applicable, paragraph 10, will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable 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 section 11 paragraph 9 shall entitle each of the Underwriters (or any of them) to terminate their its obligation to arrange for purchase the sale of the Offered SecuritiesUnderwritten Shares, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any Underwriter 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 such Underwriter 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 an Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwriterwriting.
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All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 paragraph 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable 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 section 11 paragraph 10 (except subparagraph 10(i)) shall entitle the Underwriters (or any of them) Underwriter to terminate their its obligation to arrange for complete the sale of the Offered SecuritiesOffering, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any the 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 such the Underwriter in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on an the Underwriter any such waiver or extension must be in writing and signed by such the Underwriter.
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Samples: Underwriting Agreement (American Bonanza Gold Corp.)
All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 Section 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its reasonable best efforts to cause all such conditions to be complied withCorporation. Any breach or failure to comply with any of the conditions set out in section 11 Section 10 shall entitle the Underwriters (or any of them) each Underwriter, at its sole option, to terminate their obligation to arrange for and cancel, without any liability on the sale part of such Underwriter or on the part of the Offered Securitiesother Underwriters, all of its obligations under this Agreement, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any Underwriter 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 such Underwriter 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 an 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 Corporation agrees that the conditions contained in section 11 Section 9 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its reasonable 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 section 11 Section 9 shall entitle each of the Underwriters (or any of them) to terminate their its obligation to arrange for purchase the sale of the Offered SecuritiesConvertible Debentures, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any Underwriter 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 such Underwriter 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 an Underwriter the Underwriters any such material waiver or extension must be in writing and signed by such Underwriterall the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement (Wi-Lan Inc.)
All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 Sections 7 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its reasonable best efforts to cause all such conditions to be complied with. Any breach or failure to comply with any of the conditions set out them (including those in section 11 shall Sections 7) will entitle the Underwriters (or any one of them) to terminate their obligation obligations to arrange for the sale of purchase the Offered Securities, Securities by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any Underwriter the Underwriters may waive, in whole or in part, or extend extent the time for compliance with, any of such terms and conditions without prejudice to the rights of such Underwriter 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 an Underwriter the Underwriters, any such waiver or extension must be in writing and signed by such Underwriterwriting.
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Samples: Underwriting Agreement
All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 paragraph 7 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable 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 section 11 paragraph 7 shall entitle any of the Underwriters (or any of them) to terminate their its obligation to arrange for the sale of purchase the Offered Securities, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any Underwriter 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 such Underwriter 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 an Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwritereach of the Underwriters.
Appears in 1 contract
Samples: Underwriting Agreement
All Terms to be Conditions. The Corporation agrees that the conditions contained in section 11 paragraph 7 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable 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 section 11 paragraph 7 shall entitle any of the Underwriters (or any of them) to terminate their its obligation to arrange for purchase the sale of the Offered SecuritiesSpecial Warrants, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that any Underwriter 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 such Underwriter 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 an Underwriter the Underwriters any such waiver or extension must be in writing and signed by such Underwritereach of the Underwriters.
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