Further Condition. The obligations of each of the Underwriters to purchase Securities pursuant to any Terms Agreement will be subject to the further condition that there shall not have come to the Underwriters' attention any facts that would cause them to believe that the Prospectus, at the time it was required to be delivered to a purchaser of Securities, contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at such time, not misleading. If any condition specified in this Section shall not have been fulfilled, this Agreement and any Terms Agreement may be terminated by the Underwriters by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party, except as provided in Section 5.
Further Condition. Notwithstanding subsection 8.1.4, if at the Construction Start Date a KCN Majority has not closed its investment in the Limited Partnership as provided in section 4.4 of this JKDA, and the reason that a KCN Majority has not closed its investment in the Limited Partnership is as a result of the non-performance or non-fulfillment of a condition to be performed or fulfilled by the Limited Partnership or by Hydro, then the Limited Partnership shall not commence construction of the Keeyask Project.
Further Condition. The obligations of Parent and Sub ------------------ to effect the Merger are further subject to the condition that the Company shall have caused the designees of Sub to be elected or appointed to the Company Board in accordance with Section 6.10(a); provided, however, that neither Parent nor -------- ------- Sub shall be entitled to assert this condition if either Parent or Sub has not complied with its obligations under Section 6.10(a).
Further Condition. This Subscription Agreement shall only be enforceable against the Subscriber when, and if, the obligations of Xxx Xxxxxxxxx to transfer to the Subscribers in the Offering on a pro rata basis, without further consideration, an aggregate of an additional 150,000 shares of the Common Stock owned by Xxx Xxxxxxxxx. Until such transfer has been effected, any amounts paid by the Subscriber to the Company shall be held in escrow. In the event that this condition has not been satisfied on or before January 31, 1997, unless extended by the Subscriber, this Subscription Agreement shall become null and void and all amounts paid to the Company shall be returned to the Subscriber.
Further Condition. Notwithstanding the Renewal Effective Date, this extension shall terminate on October 5, 2004 unless the Renewal Fee of $540,000 (or other amount as mutually agreed by the Deal Agent and the Issuer), payable in connection with this Renewal Letter, shall have been received by the Deal Agent by October 5, 2004.
Further Condition. As a further condition to effectiveness of this Amendment and effectiveness of the waiver set forth in Article II, the Borrower has agreed that the leases of USBEF shall be amended so that (a) the payments in February and March, 2003, shall continue as scheduled, and (b) commencing on April 15, 2003, the remaining lease payments shall be rescheduled so that all obligations under the leases (both interest and principal) are satisfied in twelve monthly installments, with the final such installment due and payable on March 15,
Further Condition. 18 ARTICLE VII
Further Condition. The obligations of VI to take the action required to be taken by it pursuant to Section 2.4 is subject to the further condition that VI shall have accepted shares of VI Common Stock for exchange in the Exchange Offer in accordance with Section 2.1(d).
Further Condition. This Subscription Agreement shall only be enforceable against the Subscriber when, and if, the obligations of Xxx Xxxxxxxxx to transfer to the Subscriber without further consideration, an additional 2,000,000 shares of the Common Stock owned by Xxx Xxxxxxxxx. Such shares shall be delivered on a pro rata basis one share for each share purchased. Until such transfer has been effected, any amounts paid by the Subscriber to the Company shall be held in escrow.
Further Condition. No sale or transfer of Shares pursuant to this Section 3.1, except for transfers pursuant to Section 3.1(c), shall be effective unless the transferee agrees to be bound by the limitations on transfer contained in this Section 3.1.
