All Terms to be Conditions. The Company agrees that the conditions contained in Section 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company 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 or satisfy any of the conditions set out in Section 10 shall entitle the Agent to terminate its obligation to purchase the Offered Units, by written notice to that effect given to the Company at or prior to the Closing Time. It is understood that the Agent may waive, in whole or in part, or extend the time for compliance until no later than 90 days from the date of the Final Receipt with, any of such terms and conditions without prejudice to the rights of the Agent in respect of any such terms and conditions or any other or subsequent breach or non- compliance, provided that to be binding on the Agent any such waiver or extension must be in writing.
Appears in 2 contracts
Samples: Agency Agreement (Algernon Pharmaceuticals Inc.), Agency Agreement
All Terms to be Conditions. The Company agrees that the conditions contained in Section 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company 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 or satisfy any of the conditions set out in Section 10 shall entitle the Agent to terminate its obligation to purchase the Offered Units, by written notice to that effect given to the Company at or prior to the Closing Time. It is understood that the Agent may waive, in whole or in part, or extend the time for compliance until no later than 90 days from the date of the Amended and Restated Final Receipt with, any of such terms and conditions without prejudice to the rights of the Agent in respect of any such terms and conditions or any other or subsequent breach or non- non-compliance, provided that to be binding on the Agent any such waiver or extension must be in writing.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
All Terms to be Conditions. The Company agrees that the conditions contained in Section section 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company 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 or satisfy any of the conditions set out in Section section 10 shall entitle the Agent Agents (or any of them) to terminate its their obligation to purchase arrange for the Offered Unitssale of the Shares, by written notice to that effect given to the Company at or prior to the Closing Time. It is understood that the Agent Agents may waive, in whole or in part, or extend the time for compliance until no later than 90 days from the date of the Final Receipt with, any of such terms and conditions without prejudice to the rights of the Agent Agents in respect of any such terms and conditions or any other or subsequent breach or non- non-compliance, provided that to be binding on the Agent Agents any such waiver or extension must be in writing.
Appears in 1 contract
All Terms to be Conditions. The Company agrees that the conditions contained in Section 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company 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 or satisfy any of the conditions set out in Section 10 shall entitle the Agent Agents to terminate its obligation to purchase the Offered Units, by written notice to that effect given to the Company at or prior to the Closing Time. It is understood that the Agent Agents may waive, in whole or in part, or extend the time for compliance until no later than 90 days from the date of the Final Receipt with, any of such terms and conditions without prejudice to the rights of the Agent Agents in respect of any such terms and conditions or any other or subsequent breach or non- compliance, provided that to be binding on the Agent Agents any such waiver or extension must be in writing.
Appears in 1 contract
Samples: Agency Agreement
All Terms to be Conditions. The Company agrees that the conditions contained in Section 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company 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 or satisfy any of the conditions set out in Section 10 shall entitle the Agent Agents to terminate its their obligation to purchase the Offered UnitsSecurities, by written notice to that effect given to the Company at or prior to the Closing Time. It is understood that the Agent Agents may waive, in whole or in part, or extend the time for compliance until no later than 90 days from the date of the Final Receipt with, any of such terms and conditions without prejudice to the rights of the Agent Agents in respect of any such terms and conditions or any other or subsequent breach or non- non-compliance, provided that to be binding on the Agent Agents any such waiver or extension must be in writing.
Appears in 1 contract
All Terms to be Conditions. The Company agrees that the conditions contained in Section 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company 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 or satisfy any of the conditions set out in Section 10 shall entitle the Agent to terminate its obligation to purchase the Offered Units, by written notice to that effect given to the Company at or prior to the Closing Time. It is understood that the Agent may waive, in whole or in part, or extend the time for compliance until no later than 90 days from the date of the Final Receipt with, any of such terms and conditions without prejudice to the rights of the Agent in respect of any such terms and conditions or any other or subsequent breach or non- non-compliance, provided that to be binding on the Agent any such waiver or extension must be in writing.
Appears in 1 contract
Samples: Agency Agreement