Conditions Precedent 3. Section 1.05 Obligations Subject to Law 3 Section 1.06 Return of Contribution 3
Conditions Precedent 3. 1 It is a condition precedent to the execution and performance by Lender of this Amendment No. 1, that the Lender shall have received copies of the following closing documentation, all in form and substance satisfactory to Lender and executed by the Borrower where necessary.
Conditions Precedent 3. 1 Conditions This Agreement (other than this clause and clauses 1,19, 23,24, 25, 26, 27 and 28) is subject to and conditional upon the following: (a) the Board of Directors of each of the Seller and Buyer approving this Agreement; (b) the acquisition by the Seller of land within Xxxxxx Estate for the location of the Treatment Plant; (c) the Seller obtaining the Planning Approval; (d) the Seller obtaining the Pipeline Licence; (e) the Seller obtaining the Production Licence; (f) the Seller entering into agreements with all relevant native title parties and Aboriginal people representative bodies or groups as may be required under the Native Title Act and the Aboriginal Lands Act to: (i) allow the grant of the Pipeline Licence and the Production Licence; and (ii) secure access to and use of the pipeline corridor for the Connection Pipeline and the Export Pipeline; (g) the Seller obtaining the Environmental Authorities; and (h) the Seller obtaining financing for the construction of the Upstream Facilities in an amount and on terms acceptable to the Seller. 3.2 Board Approval (a) Each Party must seek the approval of its Board of Directors to this Agreement either prior to or as soon as practicable after its execution. (b) If that approval is not obtained by a Party within 45 days of the date of this Agreement then that Party may terminate this Agreement by notice in writing to the other Party without liability and thereupon the Parties shall be released from all and any obligations and liabilities under this Agreement. (c) Each Party must notify the other of receipt of approval of its Board of Directors within one Business Day of that approval being given. (d) If a Party has not provided a notification under clause 3.2(c) by no later than one Business Day after the expiration of the 45 days of the date of this Agreement, then it will be deemed not to have obtained approval of its Board of Directors within the said 45 days. 3.3 Seller Conditions (a) The Seller shall be responsible for satisfying the Conditions at clauses 3.1(b) to (h)inclusive (Seller Conditions) and must use its reasonable endeavours to do so provided that the Seller will not be required to act to
Conditions Precedent 3. 1 Notwithstanding anything to the contrary in the whole of the AGREEMENT contained, it shall be conditional upon the fulfillment of the following conditions
Conditions Precedent 3. 1 The whole of this agreement (with the exception of clauses 1, 2, 3, 6,15,16, 17, 18 and 19 by which the parties shall nevertheless be bound) is subject to the following conditions precedent:
Conditions Precedent 3. 1 This Agreement is subject to the fulfilment of the following Conditions Precedent which may occur concurrently with consummation of this Agreement - 3.1.1 the conclusion of the Subscription Agreement and the due fulfilment of the Conditions Precedent contained therein; 3.1.2 the conclusion of an agreement ("the SVI Subscription Agreement") between SVI and the Company relating to the SVI shares for which the Company is to subscribe as contemplated in the Share Swap Agreement in a form satisfactory to SVI in its reasonable discretion; 3.1.3 the written approval of the Johannesburg Stock Exchange having been obtained, insofar as may be necessary, for the transactions referred to in this Agreement and relevant transactions and documentation flowing therefrom; 3.1.4 Exchange Control approval, to the extent necessary, having been obtained.
Conditions Precedent 3
