Common use of Condition Not Fulfilled Clause in Contracts

Condition Not Fulfilled. If any condition in Section 5.3 shall not have been fulfilled at or before the Closing Time or if any such condition is or becomes impossible to satisfy, other than as a result solely of the failure of a Vendor to comply with its obligations under this Agreement, then the Vendor, may, without limiting any rights or remedies available to the Vendor at law or in equity, either: (a) terminate this Agreement by notice to the Purchaser as provided in Section 9.1; 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 5.3 shall has not have been fulfilled at or before the Closing Time (or Outside Date, if applicable) or if any such condition is is, or becomes becomes, impossible to satisfy, other than as a result solely of the failure of a the Vendor to comply with its obligations under this Agreement, then the Vendor, may, without limiting any rights or remedies available to the Vendor at law or in equity, its sole discretion may either: (a) terminate this Agreement by notice to the Purchaser as provided in Section 9.18.1; 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 5.3 shall 7.4 has not have been fulfilled at or before the Closing Time Outside Date, or if any such condition is is, or becomes becomes, impossible to satisfy, other than as a result solely of the failure of a Vendor the Purchaser to comply with its obligations under this Agreement, then the Vendor, may, without limiting any rights or remedies available to the Vendor at law or Purchaser in equity, its sole discretion may either: (a) terminate this Agreement by notice to the Purchaser Vendors, as provided in Section 9.18.1(b); or (b) 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 5.3 shall 5.1 has not have been fulfilled at or before the Closing Time (or Outside Date, if applicable) or if any such condition is is, or becomes becomes, impossible to satisfy, other than as a result solely of the failure of a Vendor the Purchaser to comply with its obligations under this Agreement, then the VendorPurchaser in its sole discretion (subject to Section 5.2(b)), may, without limiting any rights or remedies available to the Vendor at law or in equity, may either: (a) terminate this Agreement by notice to the Purchaser Vendor, as provided in Section 9.18.1; 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. For greater certainty, both the Purchaser and Alignvest must waive the condition in Section 5.1(6) for it to be considered waived under this Agreement.

Condition Not Fulfilled. If any condition in Section 5.3 shall 4.3 has not have been fulfilled at or before the Closing Time or if any such condition is or becomes impossible to satisfy, other than as a result solely of the failure of a the Vendor to comply with its obligations under this Agreement, then the Vendor, Vendor in its sole discretion may, without limiting any rights or remedies available to the Vendor at law or in equity, either: (a) terminate this Agreement by notice to the Purchaser Purchaser, as provided in Section 9.110.2; 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 5.3 shall 7.6 has not have been fulfilled at or before the Closing Time Outside Date or if any such condition is is, or becomes becomes, impossible to satisfy, other than as a result solely of the failure of a Vendor the Vendors to comply with its their obligations under this Agreement, then the Vendor, may, without limiting any rights or remedies available to the Vendor at law or Vendors in equity, their sole discretion may either: (a) terminate this Agreement by notice to the Purchaser as provided in Section 9.18.1(c); or (b) 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 5.3 shall 6.3 has not have been fulfilled at or before the Closing Time or if any such condition is is, or becomes becomes, impossible to satisfysatisfy prior to the Closing Time, other than as a result solely of the failure of a Vendor any of the Vendors to comply with its obligations under this Agreement, then the Vendor, Vendors in the sole discretion of the Vendors’ Representatives may, without limiting any rights or remedies available to any of the Vendor Vendors at law Law or in equity, either: (a) terminate this Agreement by notice to the Purchaser as provided in Section 9.1; 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 5.3 9.3 shall not have been fulfilled at or before the Closing Time or if any such condition is or becomes impossible to satisfy, other than as a result solely of the failure of a the Vendor to comply with its obligations under this Agreement, then the Vendor, Vendor in its sole discretion may, without limiting any rights or remedies available to the Vendor at law or in equity, either: : (a) terminate this Agreement by notice to the Purchaser Purchaser, as provided in Section 9.111.3; 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 5.3 shall not have been fulfilled at or before the Closing Time or if any such condition is or becomes impossible to satisfy, other than as a result solely of the failure of a Vendor one or more of the Vendors to comply with its obligations under this Agreement, then the Vendor, Vendor in its sole discretion may, without limiting any rights or remedies available to the Vendor at law or in equity, either: (a) terminate this Agreement by notice to the Purchaser as provided in Section 9.1Purchaser; 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 5.3 shall has not have been fulfilled at or before the Closing Time Outside Date or if any such condition is is, or becomes becomes, impossible to satisfysatisfy prior to the Outside Date, other than as a result solely of the failure of a the Vendor to comply with its obligations under this Agreement, then the Vendor, Vendor in its sole discretion may, without limiting any rights or remedies available to the Vendor at law or in equity, either: (a) terminate this Agreement by notice to the Purchaser as provided in Section 9.18.1(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 5.3 shall 5.1 has not have been fulfilled at or before the Closing Time (or Outside Date, if applicable) or if any such condition is is, or becomes becomes, impossible to satisfy, other than as a result solely of the failure of a Vendor the Purchaser to comply with its obligations under this Agreement, then the Vendor, may, without limiting any rights or remedies available Purchaser in its sole discretion (subject to the Vendor at law or in equity, Section 5.2(b)) may either: (a) terminate this Agreement by notice to the Purchaser Vendor, as provided in Section 9.18.1; 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. For greater certainty, both the Purchaser and Alignvest must waive the condition in Section 5.1(8) for it to be considered waived under this Agreement.