Condition Precedent to Each Party’s Obligations. The respective obligations of each party to consummate the transactions contemplated hereby are subject to the following conditions:
Condition Precedent to Each Party’s Obligations. The obligations of each of the Parties under this Agreement are subject to fulfillment of the following condition, unless waived by each of them, at or before the Closing. There shall have been received an advance ruling certificate from the Commissioner under section 102 of the Competition Act (Canada) or a no-action letter from the Commissioner with respect to the transactions contemplated by this Agreement. If the condition in this Section 9.3 has not been satisfied, or if satisfaction of such condition becomes impossible, at any time before April 30, 2006, for reasons other than a Party's failure to use its commercially reasonable efforts to ensure the satisfaction of this condition, then such Party may terminate this Agreement by notice to the other Party at any time prior to the Closing without further formality; provided, however, that no Party may terminate this Agreement as a result of the non-satisfaction of this condition by April 30, 2006, if satisfaction of such condition appears reasonably imminent thereafter.
