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 Sellers in their sole discretion may, without limiting any rights or remedies available to the Sellers at law or in equity, either: (1) terminate this Agreement by notice to the Buyer and the Parent in which event the Sellers shall be released from all obligations under this Agreement; or (2) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Appears in 1 contract

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

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Condition Not Fulfilled. If any condition in Section 4.3 4.2 shall not have been fulfilled at or before the Closing Time, then the Sellers in their sole discretion may, without limiting any rights or remedies available to the Sellers at law or in equity, either: (1) terminate this Agreement by notice to the Buyer and the Parent Purchaser in which event the Sellers and the Company shall be released from all obligations under this Agreement; or (2) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Appears in 1 contract

Samples: Support Agreement (O2diesel Corp)

Condition Not Fulfilled. If any condition in Section 4.3 6.3 shall not have been fulfilled at or before by the Closing Time, then the Sellers Vendors in their sole discretion may, without limiting any rights or remedies available to the Sellers them at law or in equity, either: : (1) a terminate this Agreement by notice to the Buyer and the Parent Purchaser in which event each of the Sellers Vendors shall be released from all obligations under this Agreement; or (2) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Appears in 1 contract

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

Condition Not Fulfilled. If any condition in Section 4.3 shall not have been fulfilled at or before the Closing Time, then the Sellers Vendor in their its sole discretion may, without limiting any rights or remedies available to the Sellers Vendor at law or in equity, equity either: (1) terminate this Agreement by notice to the Buyer and the Parent Bitzio in which event the Sellers Vendor shall be released from all obligations under this Agreement; or (2) 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.

Appears in 1 contract

Samples: Share Purchase Agreement (Bitzio, Inc.)

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Condition Not Fulfilled. If any condition in Section 4.3 3.3 shall not have been fulfilled at or before the Closing Time, then the Sellers Vendor, in their its sole discretion may, without limiting any rights or remedies available to the Sellers Vendor at law or in equity, either: (1) terminate this Agreement by notice to the Buyer and the Parent Purchaser in which event the Sellers Vendor shall be released from all obligations under this Agreement; or (2) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment fulfillment of any other condition.

Appears in 1 contract

Samples: Asset Purchase Agreement (Si Diamond Technology Inc)

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