Failure of Effective Date to Occur. If any of the conditions specified in ¶ 28 are not met, then this Agreement shall be cancelled and terminated, subject to and in accordance with ¶ 35 unless the Settling Parties mutually agree in writing to proceed with this Agreement.
Failure of Effective Date to Occur. If any of the conditions specified in Section 18 are not satisfied, then this Agreement shall be terminated, subject to and in accordance with Section 21, unless the Parties mutually agree in writing to continue with it for a specified period of time.
Failure of Effective Date to Occur. If all of the conditions specified in Section 12.1 are not able to be satisfied, then this Agreement shall be terminated, subject to and in accordance with Section 13, unless the Parties mutually agree in writing to continue this Agreement for a specified period of time.
Failure of Effective Date to Occur. Schedule 1 attached hereto reflects the Parties' general intent as to how to proceed to satisfy the Conditions Precedent To Effective Date set forth in Section V.B of this Master Settlement Agreement. The Parties acknowledge that the dates listed on Schedule 1 are estimates only, and subject to the schedules of the various courts involved and the Parties, but each of the Parties agrees that it shall use its best efforts to cause compliance with Schedule 1. In no event, however, shall the failure of any of the Parties to comply with any of the dates in Schedule 1 grant any Party a Withdrawal Right; provided, however, that notwithstanding the foregoing, if, for any reason, the Effective Date does not occur by May 31, 2007, any Party shall thereafter have the right, in its sole and absolute discretion, to exercise a Withdrawal Right by so notifying the other Parties in writing, in accordance with Section VII.D of this Master Settlement Agreement.
Failure of Effective Date to Occur. On and after the Subscription Rights Election Deadline, if the Company or New WRT determines in its sole discretion that it is unlikely that there will be an Effective Date under the Plan, then the Company or New WRT shall instruct the Disbursing Agent to return the Subscription Purchase Price and/or the Disputed Subscription Purchase Price to the Holders.
Failure of Effective Date to Occur. If, for whatever reason, the Effective Date 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES COTCHETT, XXXXX & does not occur or is not met, then this Settlement Agreement shall be cancelled and terminated, subject to and in accordance with ¶¶ 36-37, below, unless the Settling Parties mutually agree in writing to proceed with this Settlement Agreement.
Failure of Effective Date to Occur. If all of the conditions specified in § VII(A)(1)-(4) are not met, then this Agreement shall be cancelled and terminated, subject to and in accordance with § VII(I) unless the Settling Parties mutually agree in writing to proceed with this Agreement. The effectiveness of the Settlement is expressly conditioned on the Settlement being approved by the Court and any appellate court reviewing the Settlement without this Agreement being rejected or required to be materially modified by any Court ruling or any order resulting from an appeal or other review. If the Settlement is not finally approved by the Court and any appellate court reviewing the Settlement without material modification as set forth in this Agreement, the Agreement shall terminate and cease to have any effect.
Failure of Effective Date to Occur. If all the conditions specified in Section I.J are not met, then this Agreement shall be cancelled and terminated, subject to and in accordance with Sections VI.J and VI.K unless the Parties mutually agree in writing to proceed with this Agreement. The effectiveness of the Settlement is expressly conditioned on the Settlement being approved by the Court and any appellate court reviewing the Settlement without this Agreement being rejected or required to be materially modified by any Court ruling or any order resulting from an appeal or other review. If the Court does not enter the Final Approval Order or if the Court enters the Final Approval Order and appellate review is sought and, on such review, the Final Approval Order is finally vacated, materially modified, or reversed, then this Agreement and Settlement shall terminate and cease to have any effect.
Failure of Effective Date to Occur. If, for whatever reason, the Effective Date does not 14 occur or is not met, then this Settlement Agreement shall be cancelled and terminated, subject to and 15 in accordance with Paragraph 36, below, unless the Settling Parties mutually agree in writing to 16 proceed with this Settlement Agreement.
Failure of Effective Date to Occur. If all of the conditions specified in ¶ 13 are not met, then this Agreement shall be cancelled and terminated, subject to and in accordance with ¶ 15 below and except as otherwise provided for in ¶ 10(c), unless the parties mutually agree in writing to proceed with this Agreement. To the extent that Voluntary Dismissal Defendants do not file a form of bankruptcy, restructuring or creditor protection under Canadian law, including but not limited to the Bankruptcy and Insolvency Act or the Companies' Creditors Arrangement Act and Chapter 15 of the United States Bankruptcy Code, on or before January 31, 2012, or if after such a filing is made, Voluntary Dismissal Defendants fail to qualify for bankruptcy, restructuring or creditor protection (as appropriate), this Agreement shall be null and void and the respective parties' rights and positions shall be as set forth in ¶ 16 below.
