Conditions to the Arrangement. 34 7.1 CONDITIONS TO OBLIGATIONS OF EACH PARTY TO EFFECT THE ARRANGEMENT...
Conditions to the Arrangement. 7.1 Conditions to Obligations of Each Party to Effect the Arrangement. The respective obligations of each party to this Agreement to effect the Arrangement shall be subject to the satisfaction at or prior to the Closing Date of the following conditions:
Conditions to the Arrangement. 45 7.1 Conditions to Obligations of Each Party to Effect the Arrangement..................................45 7.2 Additional Conditions to Obligations of Company....................................................46 7.3 Additional Conditions to the Obligations of Parent.................................................46 ARTICLE VIII TERMINATION, AMENDMENT AND WAIVER.......................................................................48
Conditions to the Arrangement. 5 2.1 Mutual Conditions. .............................................................................................................. 5 2.2 Conditions in Favour of eCobalt. ......................................................................................... 5 2.3 Conditions in Favour of Jervois. .......................................................................................... 6 2.4 Satisfaction, Waiver and Release of Conditions. ................................................................ 6 2.5 Use of commercially reasonable efforts. ............................................................................. 6
Conditions to the Arrangement. 2.1 Mutual Conditions. 2.2 Conditions in Favour of eCobalt. 2.3 Conditions in Favour of Jervois. 2.4 Satisfaction, Waiver and Release of Conditions. 2.5 Use of commercially reasonable efforts.
Conditions to the Arrangement. Mutual Conditions 3.2 Conditions in Favour of Company
Conditions to the Arrangement. Section 6.01 Conditions to the Obligations of Each Party 37 Section 6.02 Conditions to the Obligations of Parent and Subco 38 Section 6.03 Conditions to the Obligations of the Company 40 Section 6.04 Merger of Conditions 41 41 Section 7.01 Termination 41 Section 7.02 Method of Termination; Effect of Termination 42 Section 7.03 Payments on Termination Section 7.04 Amendment Section 7.05 Extension; Waiver 44
Conditions to the Arrangement. Section 8.01. Conditions to the Obligations of Each Party. The obligations of the Company, Parent and Acquisition Sub to consummate the Arrangement are subject to the satisfaction of the following conditions:
(a) the Arrangement Resolution shall have been approved and adopted at the Company Meeting in accordance with the Interim Order;
(b) the Interim Order and the Final Order shall each have been obtained on terms consistent with this Agreement and in a form satisfactory to each of the Company and Parent, acting reasonably, and shall not have been set aside or modified in a manner unacceptable to the Company and Parent, acting reasonably, on appeal or otherwise;
(c) no Applicable Law shall prohibit the consummation of the Arrangement or result in any judgment or assessment of damages, directly or indirectly, which, individually or in the aggregate, has had or would be reasonably expected to have a Material Adverse Effect with respect to the Company;
(d) any applicable waiting period under the HSR Act relating to the Arrangement shall have expired or been terminated;
(e) Competition Act Approval shall have been obtained;
(f) Investment Canada Act Approval shall have been obtained; and
(g) all approvals, consents, registrations, permits, authorizations and other confirmations required to be obtained from any Governmental Authority or other third party that are necessary, proper or advisable to consummate the transactions contemplated by this Agreement and the failure of which to obtain, individually or in the aggregate, would be reasonably expected to have a Material Adverse Effect with respect to the Company, shall have been obtained and reasonably satisfactory evidence thereof shall have been delivered to each party. Section 8.02. Conditions to the Obligations of Parent and Acquisition Sub. The obligations of Parent and Acquisition Sub to consummate the Arrangement are subject to the satisfaction of the following further conditions:
(a) the Company shall have performed in all material respects all of its obligations hereunder required to be performed by it at or prior to the Effective Time, and Parent shall have received a certificate signed on behalf of the Company by an executive officer of the Company to the effect;
(b) the representations and warranties of the Company set forth in (i) Section 3.01, Section 3.02, Section 3.05 and Section 3.20 shall be true and correct in all material respects as of the Effective Time as if made at and as of such time a...
Conditions to the Arrangement. 3 2.1 Mutual Conditions. .............................................................................................................. 3 2.2 Conditions in Favour of M2 Cobalt...................................................................................... 4 2.3 Conditions in Favour of Jervois........................................................................................... 4 2.4 Satisfaction, Waiver and Release of Conditions................................................................. 4 2.5 Use of commercially reasonable efforts.............................................................................. 4
Conditions to the Arrangement. SECTION 7.01 Conditions to the Obligations of Each Party 43 SECTION 7.02 Conditions to the Obligations of Parent and Acquisition Sub 44 SECTION 7.03 Conditions to the Obligations of the Company 45 SECTION 8.01 Termination 45 SECTION 8.02 Effect of Termination 46 SECTION 8.03 Expenses 48 SECTION 8.04 Amendment 48 SECTION 8.05 Waiver 48
