FIRB Approval. Buyer application
FIRB Approval. The Buyer acknowledges and agrees that, if the warranty in clause 10.2 is false or untrue in any respect whatsoever, the Buyer indemnifies the Seller against any loss that the Seller may suffer as a direct or indirect result of the Seller having relied on this warranty when entering into this contract including any consequential loss that the Seller may sustain.
FIRB Approval. Parent and Merger Sub shall not have received FIRB Approval.
FIRB Approval. Subject to Section 9.01(i), the Company has received a written notice under Foreign Acquisitions and Takeovers Xxx 0000 (Cth) (“FATA”) from the Treasurer (or the Treasurer’s delegate) stating that, or to the effect that, the Commonwealth Government does not object to the transaction contemplated by this Agreement either without condition (other than standard tax conditions) or otherwise on terms acceptable to the Company acting reasonably, or following the Company giving notice of the Transactions pursuant to the terms of this Agreement to the Treasurer under FATA, the Treasurer ceases to be empowered to make any order under Part 3 of FATA.
FIRB Approval. The Treasurer of the Commonwealth of Australia (or his or her delegate) (i) shall have provided written notice that there are no objections under the FATA to the acquisition contemplated by this Agreement, either on an unconditional basis or subject only to conditions acceptable to Parent, acting reasonably; or (ii) shall have become precluded by passage of time from making any order or decision under Division 2 of Part 3 of the FATA in respect of the acquisition contemplated by this Agreement; whichever first occurs first (the “FIRB Condition”). For the purposes of the FATA, Sections 1.01, 1.02, 1.03, and 1.08 of this Agreement will not bind the parties and the Merger Closing will not proceed unless and until this condition is satisfied. For purposes of the FIRB Condition, Parent acknowledges that standard tax compliance conditions imposed by Treasurer of the Commonwealth of Australia (or his delegate) consistent with those set out in Part A of Attachment A of Guidance Note 47 (Tax Conditions) issued by the Foreign Investment Review Board (updated 24 November 2016) will be acceptable to Parent.
FIRB Approval before 8:00am on the Second Court Date, the Treasurer of the Commonwealth of Australia either:
FIRB Approval. (a) Westgold shall:
FIRB Approval before 5.00pm on the Business Day before the Second Court Date either:
FIRB Approval. 16.1 If the purchase of the Property by the Purchaser under this Agreement constitutes an acquisition in respect of which the consent of the Australian Foreign Investment Review Board is required under the Foreign Acquisitions and Takeovers Xxx 0000 (FATA) and the Purchaser is required to obtain that approval, this Agreement (except for the Purchaser’s obligations under Special Condition clauses 16.2 and 16.3 is subject to and conditional upon the Purchaser obtaining on or before the Settlement Date written notice from the Treasurer that he or she has no objection to the terms of the sale and purchase set out in this Agreement).
FIRB Approval. The FIRB Approval is granted.
