Common use of Condition Not Fulfilled Clause in Contracts

Condition Not Fulfilled. If any condition in Section 4.3 shall not have been fulfilled at or before the Closing Time, then the Vendors, in their sole discretion may, without limiting any rights or remedies available to the Vendors at law or in equity, either: (a) terminate this Agreement by notice to the Purchaser in which event the Vendors shall be released from all obligations under this Agreement to complete the sale of the Shares; or (b) waive compliance with any such condition in whole or in part without prejudice to its right of termination in the event of non-fulfilment of any other condition in whole or in part.

Appears in 4 contracts

Samples: Share Purchase Agreement (E Auction Global Trading Inc), Share Purchase Agreement (E Auction Global Trading Inc), Share Purchase Agreement (E Auction Global Trading Inc)

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Condition Not Fulfilled. If any condition in Section 4.3 shall 4.1 has not have been fulfilled at or before the Closing Time, then the Vendors, Purchaser in their its sole discretion may, without limiting any rights or remedies available to the Vendors Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Purchaser Vendors, in which event the Vendors Purchaser shall be released from all its obligations under this Agreement to complete the sale purchase of the Shares; or (b) waive compliance with any such condition in whole or in part without prejudice to its right of termination in the event of non-fulfilment of any other condition in whole or in part.

Appears in 4 contracts

Samples: Share Purchase Agreement (E Auction Global Trading Inc), Share Purchase Agreement (E Auction Global Trading Inc), Share Purchase Agreement (E Auction Global Trading Inc)

Condition Not Fulfilled. If any condition in Section 4.3 shall 4.1 has not have been fulfilled at on or before the Closing TimeDate, then the Vendors, Purchaser in their its sole discretion may, without limiting any rights or remedies available to the Vendors Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Purchaser Vendors, in which event the Vendors Purchaser shall be released from all its obligations under this Agreement to complete the sale purchase of the Shares; or (b) waive compliance with any such condition in whole or in part without prejudice to its right of termination in the event of non-fulfilment of any other condition in whole or in part.

Appears in 2 contracts

Samples: Share Purchase Agreement (E Auction Global Trading Inc), Share Purchase Agreement (E Auction Global Trading Inc)

Condition Not Fulfilled. If any condition in Section 4.3 shall not have been fulfilled at on or before the Closing TimeDate, then the Vendors, in their sole discretion may, without limiting any rights or remedies available to the Vendors at law or in equity, either: (a) terminate this Agreement by notice to the Purchaser in which event the Vendors shall be released from all obligations under this Agreement to complete the sale of the Shares; or (b) waive compliance with any such condition in whole or in part without prejudice to its right of termination in the event of non-fulfilment of any other condition in whole or in part.

Appears in 2 contracts

Samples: Share Purchase Agreement (E Auction Global Trading Inc), Share Purchase Agreement (E Auction Global Trading Inc)

Condition Not Fulfilled. If any condition in Section 4.3 shall 6.1 has not have been fulfilled at or before by the Closing Time, then the VendorsPurchaser, in their its sole discretion may, without limiting any rights or remedies available to the Vendors Purchaser at law or in equity, either: : (a) a terminate this Agreement by notice to the Purchaser Vendors, in which event the Vendors Purchaser shall be released from all its obligations under this Agreement to complete the sale purchase of the Loyalty Shares; or (b) waive compliance with any such condition in whole or in part without prejudice to its right of termination in the event of non-fulfilment of any other condition in whole or in part.

Appears in 1 contract

Samples: Agreement for the Purchase of Shares (Alliance Data Systems Corp)

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Condition Not Fulfilled. If any condition in Section 4.3 shall 3.1 has not have been fulfilled at or before the Closing Time, then the VendorsPurchaser, in their its sole discretion may, without limiting any rights or remedies available to the Vendors Purchaser at law or in equity, either: (a1) terminate this Agreement by notice to the Purchaser Vendor in which event the Vendors Purchaser shall be released from all its obligations under this Agreement to complete the sale of the Shares(other than its obligations under Section 3.5); or (b2) waive compliance with any such condition in whole or in part without prejudice to its right of termination in the event of non-fulfilment fulfillment of any other condition in whole or in partcondition.

Appears in 1 contract

Samples: Asset Purchase Agreement (Si Diamond Technology Inc)

Condition Not Fulfilled. If any condition in Section 4.3 shall 4.1 has not have been fulfilled at or before the Closing Time, then the Vendors, Buyer and the Parent in their sole discretion may, without limiting any rights or remedies available to the Vendors Buyer or the Parent at law or in equity, either: (a1) terminate this Agreement by notice to the Purchaser Sellers, in which event the Vendors Buyer and the Parent shall be released from all its obligations under this Agreement to complete the sale purchase of the Shares; or (b2) waive compliance with any such condition in whole or in part without prejudice to its right of termination in the event of non-fulfilment of any other condition in whole or in partcondition.

Appears in 1 contract

Samples: Share Purchase Agreement (Moventis Capital, Inc.)

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