CONDITIONS TO BUYER'S PERFORMANCE. Absent a waiver in writing, all obligations of the Buyer under this Agreement are subject to satisfaction of the following conditions on or before the Closing Date:
CONDITIONS TO BUYER'S PERFORMANCE. The obligations of Buyer under this Agreement are subject to the satisfaction, at or prior to the Closing Date, of each of the following conditions; provided, however, that Buyer may at its option waive in writing prior to or at Closing the performance of any of the conditions imposed hereunder:
CONDITIONS TO BUYER'S PERFORMANCE. (a) Except as otherwise provided in Section 5.1(b) below or Section 10.2 hereof, in the event Seller shall not be able to convey title to the Property and leasehold title to the Leased Premises on the date of Closing in accordance with the provisions of this Agreement, or if the conditions to Buyer's performance set forth in Article 4 have not been satisfied, then Buyer shall have the option, exercisable by written notice to Seller at or prior to Closing, of (i) accepting at Closing such title as Seller is able to convey and/or waiving any unsatisfied condition precedent, with no deduction from or adjustment of the Purchase Price and proceeding to Closing, or (ii) declining to proceed to Closing. In the latter event, except as expressly set forth herein, all obligations, liabilities and rights of the parties under this Agreement shall terminate, and the Deposit shall be returned to Buyer. Such election to terminate this Agreement and have the Deposit returned shall be Buyer's sole remedy for Seller's inability to perform its obligations hereunder or the failure of any conditions to Closing to be satisfied. Seller shall not have any liability to Buyer for any such inability to perform or failure of conditions, nor any obligation to cure any defects or other matters which may cause such inability or failure or which may otherwise exist or apply with respect to the Property or the Leased Premises, except as expressly set forth in this Agreement to the contrary.
CONDITIONS TO BUYER'S PERFORMANCE. Buyer's obligation to perform under this Agreement is subject to the satisfaction or written waiver in whole or in part by the Chief Engineer of the following conditions within the Due Diligence Period:
CONDITIONS TO BUYER'S PERFORMANCE. Buyer’s obligation to purchase the Shares and otherwise perform hereunder is subject to the satisfaction of each of the following conditions, except to the extent expressly waived by Buyer in writing.
CONDITIONS TO BUYER'S PERFORMANCE. Buyer’s obligations to purchase and pay the purchase price for the Purchased Assets are subject to the following express conditions:
CONDITIONS TO BUYER'S PERFORMANCE. In addition to the conditions provided elsewhere in this Agreement, Buyer's obligation to perform its undertakings provided in this Agreement is conditioned upon the following:
CONDITIONS TO BUYER'S PERFORMANCE. Not Met. By Buyer by written notice to Company if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 5.1 or 5.2.
CONDITIONS TO BUYER'S PERFORMANCE. Not Met. By Buyer with written notice to Seller and the Trust if the Closing Date has not occurred on or before December 31, 1996. Notwithstanding the foregoing, Buyer may not exercise any right to terminate this Agreement pursuant to this paragraph if Buyer has breached in any material respect its covenants or agreements set forth in this Agreement in any manner that shall have proximately contributed to the failure of the Closing Date to occur on or before December 31, 1996.
CONDITIONS TO BUYER'S PERFORMANCE. Section 5.01. Buyer shall be under no obligation to perform any provision of this Agreement and may cancel the sale and purchase described in this Agreement if at the time set for the Closing, any of the following conditions have not been met:
