Common use of COMPLETE TRANSACTION Clause in Contracts

COMPLETE TRANSACTION. This Agreement constitutes one part of a three part transaction, and accordingly shall not be binding unless the related transactions contemplated by the agreements listed in Schedule 20 are closed concurrent with the Closing of the transactions contemplated by this Agreement. If any of the conditions contained in this Section 9.2 shall not be performed or fulfilled at or prior to the Time of Closing to the satisfaction of the Seller acting reasonably, the Seller may, by notice to the Purchaser and UTI, terminate this Agreement, provided that the Seller may also bring an action pursuant to Article 11 against the Purchaser and/or UTI for damages suffered by the Seller where the non-performance or non-fulfillment of the relevant condition is as a result of a breach of covenant, representation or warranty by the Purchaser and UTI. Any such condition may be waived in whole or in part by the Seller without prejudice to any claims it may be have for breach of covenant, representation or warranty.

COMPLETE TRANSACTION. This Agreement constitutes one part of a three part transaction, and accordingly shall not be binding unless the related transactions contemplated by the agreements listed in Schedule 20 are closed concurrent with the Closing of the transactions contemplated by this Agreement. If any of the conditions contained in this Section 9.2 9.1 shall not be performed or fulfilled at or prior to the Time of Closing to the sole satisfaction of the Seller Purchaser, acting reasonably, the Seller Purchaser may, by notice to the Purchaser and UTISeller, terminate this Agreement, provided that the Seller Purchaser may also bring an action pursuant to Article 11 against the Purchaser Seller and/or UTI the Shareholders for damages suffered by the Seller Purchaser where the non-performance or non-fulfillment of the relevant condition is as a result of a breach of covenant, representation or warranty by the Purchaser and UTISeller. Any such condition may be waived in whole or in part by the Seller Purchaser without prejudice to any claims it may be have for breach of covenant, representation or warranty.

COMPLETE TRANSACTION. This Agreement constitutes one part of a three part transaction, and accordingly shall not be binding unless the related transactions contemplated by the agreements listed in Schedule 20 are closed concurrent with the Closing of the transactions contemplated by this Agreement. If any of the conditions contained in this Section 9.2 9.1 shall not be performed or fulfilled at or prior to the Time of Closing to the sole satisfaction of the Seller Purchaser, acting reasonably, the Seller Purchaser may, by notice to the Purchaser and UTISeller, terminate this Agreement, provided that the Seller Purchaser may also bring an action pursuant to Article 11 against the Purchaser Seller and/or UTI the Major Shareholders for damages suffered by the Seller Purchaser where the non-performance or non-fulfillment of the relevant condition is as a result of a breach of covenant, representation or warranty by the Purchaser and UTISeller. Any such condition may be waived in whole or in part by the Seller Purchaser without prejudice to any claims it may be have for breach of covenant, representation or warranty.