Failure to Meet Conditions. If the Agency determines that it cannot exe- cute the Loan Note Guarantee because all requirements have not been met, the lender will have a reasonable pe- riod within which to satisfy the objec- tions. If the lender satisfies the objec- tions within the time allowed, the guarantee will be issued.
Failure to Meet Conditions issue of Securities Subject to clause 4.9, the Company must not issue any Securities without the prior consent of the Investor if on the issue of the Securities any of the conditions in the foregoing provisions of this clause 5 have not been fulfilled or waived by the Investor. Any such issuance is deemed not to have been undertaken in accordance with or for the purposes of this Agreement, the Company’s obligation to issue the Securities is not discharged, and any amount paid by or owed to the Investor in respect of such Securities (or, in the case of Conversion Shares, the relevant Amount Outstanding in respect of which such Conversion Shares were purported to have been issued) remains an Amount Outstanding.
Failure to Meet Conditions. In case any of the material conditions set forth in this Agreement are not satisfied in full in WC's sole opinion (acting reasonably), at the Time of Closing, WC may terminate this Agreement by notice in writing to SST and in such event WC shall be released from all obligations hereunder, without in any way limiting any other rights or remedies which may be available to WC at law or in equity or otherwise; provided, however, that WC shall be entitled to waive compliance with any such conditions in whole or in part if it sees fit to do so. Any waiver by WC of a specific condition shall be without prejudice to any of WC's rights of termination in the event of non-performance of any other condition in whole or in part, any such waiver to be binding upon WC only if the same is in writing. Notwithstanding the foregoing, in the event that SST's failure to meet a condition is due to the action or inaction of a third party and provided that SST has used its reasonable best efforts to satisfy such condition, WC shall be precluded from claiming any Loss arising therefrom.
Failure to Meet Conditions. In the event that any condition to the Conversion of the Bonds shall not have been satisfied as provided in this Section or otherwise under this Indenture, then the Interest Rate Period shall not be Converted and the Bonds shall continue to bear interest at the Weekly Interest Rate, Daily Interest Rate, Long-Term Interest Rate (for a Long-Term Interest Rate Period of 181 days) or Bond Interest Term Rates, as the case may be, as in effect immediately prior to such proposed Conversion, and the Bonds shall continue to be subject to mandatory tender for purchase on the date which would have been the effective date of the Conversion as provided in Section 2.16(d) hereof.
Failure to Meet Conditions. If, at the Closing, the conditions -------------------------- specified in Article IV of this Agreement have not been satisfied or waived in writing by the Lender, the Lender may thereupon elect to be relieved of all further obligations under this Agreement.
Failure to Meet Conditions. In the event the Company fails to meet the conditions provided herein under Article 2.2(a)(i)and Article 2.3 by December 30, 2000, in such event all parties agree and direct that XxXxxxxx Xxxxxxxx shall immediately release and transfer the monies held in trust to the Investor, and upon said release and transfer from XxXxxxxx Xxxxxxxx to the Investor, the Company shall have no further right or interest to those monies, and the Subscription Price for those Purchased Common Shares that were issued pursuant to Article 2.1(a) will be adjusted accordingly.
Failure to Meet Conditions. If the conditions precedent are not satisfied by 30 September 2002, then, except for clauses 14, 15.10, 15.11 and 15.13 and any rights or liabilities a party may have for prior breach of this clause 2 of this Agreement shall terminate and have no further effect.
Failure to Meet Conditions. For the sake of clarity, if none of the conditions set forth in Section 1.08(a) are satisfied, then there shall be no obligation to pay Holdings any portion of the Contingent Amount.
Failure to Meet Conditions. If Borrower shall fail to fulfill any of the conditions set forth in Section 4 on or prior to September 30, 1996, then the Credit Agreement shall continue in full force and effect without regard to the consents and amendments set forth in this Amendment (except for the consents and amendments set forth in Sections 3.2, 3.3 (relating to the definition of MRR Attrition), 3.4 through 3.7, 3.9 through 3.11, 3.13, 3.14, 3.17, 3.21 and 3.23 through 3.31 of this Amendment, which shall be deemed effective upon satisfaction of the conditions set forth in
Failure to Meet Conditions. If, prior to the termination of the Escrow Period, the Corporation has not met the conditions of the Offering as set forth in the Prospectus, including acceptance of Qualifying Subscriptions for at least $2,400,000 in shares of Common Stock, then the Escrow Agent, upon instructions from the Corporation as to the income earned by each subscriber on the subscriber's subscription funds, shall promptly refund to each subscriber the amount received from the subscriber, without deduction, penalty, or expense to the subscriber, together with any interest as has been credited to him, in the form of the Escrow Agent's check and the Escrow Agent shall inform the Corporation of its distribution of the funds. Income received from the investment of the Escrow Amount shall be credited to the subscribers in proportion to the amounts deposited with respect to each subscriber and in proportion to the number of days the collected Escrow Amount from each subscriber is held in the Escrow Account.
