Common use of Non-Compliance with Conditions Clause in Contracts

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants 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 the Company, as applicable, that it will use its best efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or in the event that any representation or warranty given by the Company becomes false (other than representations and warranties given as of a specific time which need only be true as of such time) and is not rectified as at the Time of Closing on the Closing Date, shall entitle BMO, at its sole option in accordance with Section 12.H, to terminate the obligations of the Agents under this agreement (and the obligations of the Purchasers under the Subscription Agreements) by written notice to that effect given to the Company at or prior to the Time of Closing on the Closing Date. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to their 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 Agents only if the same is in writing and signed by them.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this agreement 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 the Company, as applicable, Company that it will use its best efforts (or all reasonable efforts, as applicable) to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such material conditions or covenants or in the event that any representation or warranty given by the Company is or becomes false (other than representations and warranties given as of a specific time which need only be true as of such time) and is not rectified as at the Time of Closing on the Closing DateTime, shall entitle BMOthe Agent, at its sole option option, acting reasonably, in accordance with Section 12.Hsubsection 7(h), to terminate the its obligations of the Agents under this agreement Agreement (and the obligations of the Purchasers under arranged by it to purchase the Subscription AgreementsUnits) by written notice to that effect given to the Company at or prior to the Time of Closing on the Closing DateTime. The Agents Agent may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to their 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 Agents Agent only if the same is in writing and signed by themit.

Non-Compliance with Conditions. The Company Corporation agrees that all terms, conditions and covenants in this agreement 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 the Company, as applicable, Corporation that it will use its best commercially reasonable efforts (or all reasonable efforts, as applicable) to cause such conditions to be complied with, and any material breach or failure by the Company Corporation to comply with any of such material conditions or in the event that any material representation or warranty given by the Company Corporation becomes false (other than representations and warranties given as of a specific time which need only be true as of such time) and is not rectified as at the Time of Closing on the Closing Date, shall entitle BMOthe Agent, at its sole option in accordance with Section 12.Hsubsection 15.8 of this Agreement, to terminate the its obligations of the Agents under this agreement Agreement (and the obligations of the Purchasers under arranged by it to purchase the Subscription AgreementsOffered Securities) by written notice to that effect given to the Company Corporation at or prior to the Time of Closing on the Closing Date. The Agents Agent may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to their its rights in respect of any other of such material terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents Agent only if the same is in writing and signed by themit.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this agreement 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 the Company, as applicable, that it will use its best commercially reasonable efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or in the event that any representation or warranty given by the Company becomes false (other than representations and warranties given as of a specific time which need only be true as of such time) and is not rectified as at the Time of Closing on the Closing DateTime, shall entitle BMOthe Agents, at its their sole option option, acting reasonably and in accordance with Section 12.H12(8) of this Agreement, to terminate the their obligations of the Agents under this agreement Agreement (and the obligations of the Purchasers under the Subscription Agreements, if any) by written notice to that effect given to the Company at or prior to the Time of Closing on the Closing DateTime. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to their 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 Agents only if the same is in writing and signed by themit.