Condition Precedent to Seller’s Obligations. The obligations of Seller under this Agreement are subject to the fulfillment to its reasonable satisfaction, prior to or at the Closing, of each of the following conditions, any of which can and, if unmet, shall be deemed waived at Closing, unless otherwise waived by Seller in writing.
Condition Precedent to Seller’s Obligations. The obligation of Seller to consummate the transaction contemplated by this Agreement shall be subject to the fulfillment of the following conditions, which may be waived in writing by Seller:
Condition Precedent to Seller’s Obligations. (a) The obligation of the Seller to sell the Receivables generated by it and existing on the Restatement Effective Date to the Buyer is subject to the conditions precedent that the Seller shall have received on or before the date of such sale the following, each (unless otherwise indicated) dated the day of such sale and in form and substance reasonably satisfactory to the Seller:
Condition Precedent to Seller’s Obligations. The close of escrow and the Seller’s obligations with respect to the conveyances contemplated by this Agreement are subject to the Purchaser’s delivery of all sums necessary to the Escrow Agent as required by this Agreement.
Condition Precedent to Seller’s Obligations. Purchaser acknowledges that the approval of the Board of Directors of Seller to the transactions described in this Agreement shall be a condition precedent to Seller's obligations hereunder.
Condition Precedent to Seller’s Obligations. Each of Purchaser and Guarantor acknowledges that the Crude Oil to be sold by Seller to Purchaser hereunder is to be acquired by Seller from one or more Suppliers pursuant to separately executed Supply Contracts. Each of Purchaser and Guarantor hereby agrees that (a) Seller’s obligations under this Agreement and each Deal Sheet are subject to the condition precedent that Seller has received at the Injection Point the corresponding quantity of Crude Oil from the relevant Supplier under the Supply Contract associated with such Deal Sheet and (b) if Seller becomes entitled to repudiate, terminate or otherwise not perform its obligations under the relevant Supply Contract, or the relevant Supplier repudiates, terminates or for any reason fails to perform its obligations under the relevant Supply Contract, then, to such extent, Seller shall be entitled to withhold its own performance under this Agreement and the relevant Deal Sheet without being deemed in breach of this Agreement or the relevant Deal Sheet and Seller shall have no liability to Purchaser in respect thereof.
Condition Precedent to Seller’s Obligations. The obligation of Seller to effect the Closing hereunder is conditioned upon there being no default by Purchaser’s Affiliate under the Other Agreement. Upon the failure to effect the “Closing” under the Other Agreement and/or the termination of the Other Agreement, in either case as a result of a default thereunder by Purchaser’s Affiliate, then without limiting Seller’s Affiliate’s remedies under the Other Agreement, Seller, at its option, may (i) terminate this Agreement at any time thereafter on or before the Closing Date, whereupon the Exxxxxx Money shall be delivered to Seller and neither party shall have any further rights or obligations under this Agreement except those which expressly survive termination, or (ii) proceed to Close the transaction contemplated under this Agreement,.
Condition Precedent to Seller’s Obligations. As a condition to the obligations of Seller to consummate this transaction, at the Closing, Purchaser shall deliver to Seller a certificate executed by an authorized officer of Purchaser certifying that, as of the Closing Date, each of the representations set forth in Section 4 are true and correct as of the date hereof and all covenants hereunder required to be performed by Purchaser at or prior to the Closing Date have been so performed.
Condition Precedent to Seller’s Obligations. Seller's obligations under this Agreement are contingent, at Seller's exclusive option, to the fulfillment, prior to or at Closing of each of the following conditions. Should the Buyer fail to satisfy any of the following conditions, the Seller may elect to terminate this Agreement in its entirety without any further legal obligation, or claim, financial or otherwise, to or from the Buyer. Notwithstanding the above, Seller shall have the right to waive any of the contingencies specified in this Agreement, to proceed, at Seller's election, to fully perform this Agreement as though said contingencies had been fully performed or satisfied.
Condition Precedent to Seller’s Obligations. This Agreement and the obligations of Seller hereunder are conditioned in their entirety upon approval of this Agreement by each of the Lenders on or before May 14, 1998. Agent shall give written notice to Purchaser of the approval of this Agreement by the Lenders (the "Acceptance Notice") or its failure to obtain the same prior to expiration of such period. If Agent shall fail to give such notice within such period, this Agreement shall be deemed disapproved. If Agent shall fail to give the Acceptance Notice or any notice of disapproval within such period, the Deposit shall be returned to Purchaser, whereupon, this Agreement shall be of no further force or effect and neither Seller nor Purchaser shall have any further rights or obligations within respect to the other hereunder or any claims against the other at law or in equity without the need to execute general releases or any other writing in favor of such other party.
