Common use of Coordinating Agreement Clause in Contracts

Coordinating Agreement. All conditions to Pacific Dunlop Holdings (USA) Inc.'s obligations set forth in Sections 5.5 and 5.7(b) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, the Sellers may, at their option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, the Sellers shall be deemed to have waived any such failure and any rights or remedies they may have against the Buyer by reason of such failure.

Coordinating Agreement. All conditions to Pacific Dunlop Holdings ---------------------- (USA) Inc.'s obligations set forth in Sections 5.5 and 5.7(b) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, the Sellers Seller may, at their its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, the Sellers Seller shall be deemed to have waived any such failure and any rights or remedies they it may have against the Buyer by reason of such failure.

Coordinating Agreement. All conditions to Pacific Dunlop Holdings ----------------------- (USA) Inc.'s obligations set forth in Sections 5.5 and 5.7(b) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, the Sellers Seller may, at their its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, the Sellers Seller shall be deemed to have waived any such failure and any rights or remedies they it may have against the Buyer by reason of such failure.

Coordinating Agreement. All conditions to Pacific Dunlop Holdings (USA) ---------------------- Inc.'s obligations set forth in Sections 5.5 and 5.7(b) of the Coordinating Agreement shall have been satisfied. Notwithstanding the failure of any one or more of the foregoing conditions, the Sellers Seller may, at their its option, proceed with the Closing without satisfaction, in whole or in part, of any one or more of such conditions and without written waiver; provided however, that in so proceeding with the Closing, and notwithstanding any other provision of this Agreement, the Sellers Seller shall be deemed to have waived any such failure and any rights or remedies they it may have against the Buyer by reason of such failure.