Common use of Conditions in Favour of Purchaser Not Fulfilled Clause in Contracts

Conditions in Favour of Purchaser Not Fulfilled. If any of the conditions contained in section 7.3 hereof is not fulfilled on or prior to the Closing Date and such non-fulfillment is not directly or indirectly as a result of any action or omission of the Purchaser, then the Purchaser may, in its sole discretion: (a) terminate this Agreement by notice to the Vendor, in which event the Purchaser shall be released from its obligations under this Agreement to complete the Transaction; or (b) waive compliance with any such condition without prejudice to the right of termination in respect of the non-fulfillment of any other condition.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

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Conditions in Favour of Purchaser Not Fulfilled. If any of the conditions contained in section 7.3 hereof is not fulfilled on or prior to the Closing Date and such non-fulfillment is not directly or indirectly as a result of any action or omission of the Purchaser, then the Purchaser may, in its sole discretiondiscretion and without limiting its rights or remedies available at law or in equity: (a1) terminate this Purchase Agreement by notice to the VendorReceiver, in which event the Purchaser and the Receiver shall be released from its their respective obligations under this Agreement Purchase Agreement, including the obligation to complete the Purchase Transaction; or (b2) waive compliance with any such condition without prejudice to the right of termination in respect of the non-fulfillment of any other condition.

Appears in 1 contract

Samples: Purchase Agreement

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Conditions in Favour of Purchaser Not Fulfilled. If any of the conditions contained in section 7.3 hereof is not fulfilled on or prior to the Closing Date and such non-fulfillment is not directly or indirectly as a result of any action or omission of the Purchaser, then the Purchaser may, in its sole discretiondiscretion and without limiting its rights or remedies available at law or in equity: (a1) terminate this Agreement by notice to the VendorProposal Trustee, in which event the Purchaser and the Proposal Trustee shall be released from its their obligations under this Agreement to complete the Transaction; or (b2) waive compliance with any such condition without prejudice to the right of termination in respect of the non-fulfillment of any other condition.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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