Common use of Condition Not Fulfilled Clause in Contracts

Condition Not Fulfilled. If any condition in Section 3.2 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.6; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 3.4 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser Vendor to comply with its obligations under this Agreement, then the Purchaser Vendor in its sole discretion may, without limiting any rights or remedies available to the Purchaser Vendor at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 3.6; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 3.2(1) has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser Vendor to comply with its obligations under this Agreement, then the Purchaser Vendor in its sole discretion may, without limiting any rights or remedies available to the Purchaser Vendor at law or in equity, either: (a) terminate this Agreement by notice to the VendorPurchaser, as provided in Section 3.63.5; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Time or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Closing Timesatisfy, other than as a result solely of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser Purchaser, in its sole discretion discretion, may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.69.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Time Outside Date or if any such condition is, or becomes, impossible to satisfy prior to the Closing TimeOutside Date, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.68.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 3.1(1) (other than in Section 3.1(d)(i), (ii) and (xii), for which the Purchaser shall have no termination right) has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.63.5; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Time or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Closing Timesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.6; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.68.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment non‑fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law Law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.6; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Effective Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Effective Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the VendorVendors, as provided in Section 3.68.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement or the Share Purchase Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the VendorVendors, as provided in Section 3.68.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.3 has not been fulfilled at or before the Closing Effective Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Effective Time, other than as a result of the failure of the Purchaser any Vendor Group Entity to comply with its obligations under this Agreement, then the Purchaser Vendors in its their sole discretion may, without limiting any rights or remedies available to the Purchaser Vendors at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 3.68.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.68.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 has 5.3 shall not have been fulfilled at or before the Closing Time (excepting those that by their nature can only be fulfilled at the Closing Time) or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Closing Timesatisfy, other than as a result solely of the failure of the Purchaser a Vendor to comply with its obligations under this Agreement, then the Purchaser in its sole discretion Vendor, may, without limiting any rights or remedies available to the Purchaser Vendor at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 3.69.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 4.1 has not been fulfilled at or before the Closing Time or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Closing Timesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.610.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 has 9.1 shall not have been fulfilled at or before the Closing Time or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Closing Timesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, Agreement then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: : (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.611.3; or or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 6.1 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the VendorVendors, as provided in Section 3.69.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.3 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser Vendor to comply with its obligations under this Agreement, then the Purchaser Vendor may, in its sole discretion maydiscretion, without limiting any rights or remedies available to the Purchaser Vendor at law or in equity, either: (a) terminate this Agreement by notice to the VendorPurchaser, as provided in Section 3.68.1(c); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment non‑fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Time (excepting those that by their nature can only be fulfilled at the Closing Time) or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Closing Timesatisfy, other than as a result solely of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser Purchaser, in its sole discretion discretion, may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.69.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 3.4 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser Vendor to comply with its obligations under this Agreement, then the Purchaser Vendor in its sole discretion may, without limiting any rights or remedies available to the Purchaser Vendor at law Law or in equity, either: (a) terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 3.6; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.3 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser Vendor to comply with its obligations under this Agreement, then the Purchaser Vendor may, in its sole discretion maydiscretion, without limiting any rights or remedies available to the Purchaser Vendor at law or in equity, either: (a) terminate this Agreement by notice to the VendorPurchaser, as provided in Section 3.68.1(c); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 has 3.7 shall not have been fulfilled at or before the Closing Time or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Closing Timesatisfy, other than as a result of the failure of any of the Purchaser Vendors to comply with his, her or its obligations under this Agreement, then the Purchaser in its sole discretion Vendors’ Representative may, without limiting any rights or remedies available to the Purchaser Vendors at law or in equity, either: (a1) with the written approval of 75% or more of the Founding Investor Shareholders, terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 3.63.9; or (b2) waive compliance with any such condition without prejudice to its right of termination in the event of non-non fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.3 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of either of the Purchaser Vendors to comply with its their obligations under this Agreement, then the Purchaser Vendors in its their sole discretion may, without limiting any rights or remedies available to the Purchaser Vendors at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 3.68.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.3 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser Vendor to comply with its obligations under this Agreement or the Share and Unit Purchase Agreement, then the Purchaser Vendor in its sole discretion may, without limiting any rights or remedies available to the Purchaser Vendor at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 3.68.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 3.2 5.1 has not been fulfilled at or before the Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Closing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement or the Share and Unit Purchase Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 3.68.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.