Common use of Non-Compliance with Conditions Clause in Contracts

Non-Compliance with Conditions. The Corporation agrees that all material terms and conditions of this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by it, that it will use its commercially reasonable efforts to cause such conditions to be complied with, and that any breach or failure by the Corporation to comply with any of such conditions shall entitle the Underwriter, at its option, to terminate its obligations under this Agreement by notice to that effect given to the Corporation at the Closing Time unless otherwise expressly provided in this Agreement. The Underwriter may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non- compliance, provided that any such waiver or extension shall be binding upon the Underwriter only if such waiver or extension is in writing and signed by the Underwriter.

Non-Compliance with Conditions. The Corporation agrees that all material terms and conditions of this Agreement in Section 9 shall be construed as conditions and complied with so far as the same they relate to acts to be performed or caused to be performed by it, that it will use its commercially reasonable commercial efforts to cause such conditions to be complied with, and that any breach or failure by the Corporation to comply with any of such conditions shall entitle any of the Underwriter, at its option, Underwriters to terminate its their obligations under this Agreement to purchase the Offered Shares by notice to that effect given to the Corporation at or prior to the Closing Time Time, unless otherwise expressly provided in this Agreement. The Each Underwriter may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non- non-compliance, provided that any such waiver or extension shall be binding upon the an Underwriter only if such waiver or extension is in writing and signed by the Underwriter.

Non-Compliance with Conditions. The Corporation agrees In the event that all the Company is in breach of a material terms and conditions term, condition or covenant of this Agreement or the Subscription Agreements, or any representation or warranty given by the Company to the Underwriter becomes or is false in any material respect, the Underwriter shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by it, that it will use its commercially reasonable efforts to cause such conditions to be complied with, and that any breach or failure by the Corporation to comply with any of such conditions shall entitle the Underwriterentitled, at its optionsole discretion, in accordance with Subsection 8(g), to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase the Offered Securities) by notice to that effect given to the Corporation Company at or prior to the Closing Time unless otherwise expressly provided in this AgreementTime. The Underwriter may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non- non-compliance, provided that any such waiver or extension shall be binding upon the Underwriter only if such waiver or extension the same is in writing and signed by the Underwriterit.

Non-Compliance with Conditions. The Corporation agrees that all material terms and conditions of this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by it, that it will use its commercially reasonable efforts to cause such conditions to be complied with, and that any breach or failure by the Corporation to comply with any of such conditions shall entitle the Underwriter, at its option, to terminate its obligations under this Agreement by notice to that effect given to the Corporation at the Closing Time unless otherwise expressly provided in this Agreement. The Underwriter may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non- non-compliance, provided that any such waiver or extension shall be binding upon the Underwriter only if such waiver or extension is in writing and signed by the Underwriter.

Non-Compliance with Conditions. The Corporation agrees that all material terms and conditions of this Agreement in paragraph 10 shall be construed as conditions and complied with so far as the same they relate to acts to be performed or caused to be performed by it, that it will use its commercially reasonable commercial efforts to cause such conditions to be complied with, and that any breach or failure by the Corporation to comply with any of such conditions shall entitle any of the Underwriter, at its option, Underwriters to terminate its their obligations under this Agreement to purchase the Securities by notice to that effect given to the Corporation at or prior to the Closing Time Time, unless otherwise expressly provided in this Agreement. The Each Underwriter may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non- non-compliance, provided that any such waiver or extension shall be binding upon the an Underwriter only if such waiver or extension is in writing and signed by the Underwriter.

Non-Compliance with Conditions. The Corporation agrees that all material terms and conditions of this Agreement in Section 17 shall be construed as conditions and complied with so far as the same they relate to acts to be performed or caused to be performed by it, that it will use its commercially reasonable best efforts to cause such conditions to be complied with, and that any breach or failure by the Corporation to comply with any of such conditions shall entitle any of the Underwriter, at its option, Underwriters to terminate its obligations under this Agreement to purchase the Securities by notice to that effect given to the Corporation at any time at or prior to the Closing Time Time, unless otherwise expressly provided in this Agreement. The Each Underwriter may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non- non-compliance, provided that any such waiver or extension shall be binding upon the an Underwriter only if such waiver or extension is in writing and signed by the Underwriter.

Non-Compliance with Conditions. The Corporation agrees that all material terms and conditions of in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by it, the Corporation that it will use its best efforts (or all commercially reasonable efforts efforts, as applicable) to cause such conditions to be complied with, and that any breach or failure by the Corporation to comply with any of such conditions shall entitle the Underwriter, at its option, to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase Units) by notice to that effect given to the Corporation at or prior to the Closing Time unless otherwise expressly provided in this AgreementTime. The Underwriter may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non- non-compliance, provided that any such waiver or extension shall be binding upon the Underwriter only if such waiver or extension the same is in writing and signed by the Underwriter.

Non-Compliance with Conditions. The Corporation agrees that all material terms and conditions of this Agreement in Section 11 shall be construed as conditions and complied with so far as the same they relate to acts to be performed or caused to be performed by it, that it will use its commercially reasonable best efforts to cause such conditions to be complied with, and that any breach or failure by the Corporation to comply with any of such conditions shall entitle any of the Underwriter, at its option, Underwriters to terminate its obligations under this Agreement to purchase the Subscription Receipts by notice to that effect given to the Corporation at any time at or prior to the Closing Time Time, unless otherwise expressly provided in this Agreement. The Each Underwriter may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non- non-compliance, provided that any such waiver or extension shall be binding upon the an Underwriter only if such waiver or extension is in writing and signed by the Underwriter.