Common use of Non-Compliance with Conditions Clause in Contracts

Non-Compliance with Conditions. If at the Time of Closing: (a) the Purchased Shares are not free and clear of all Liens, or (b) evidence or a certificate referred to in Article 17.2(e) is not provided, the Purchaser may, without prejudice to any other rights which it may have, purchase the Purchased Shares subject to such Liens or in the absence of such evidence or certificate, and, in that event, the Purchaser shall, at the Time of Closing, (c) assume all obligations and liabilities with respect to such Liens, and (d) make the payment of tax required under Section 116 of the Income Tax Act (Canada), as the case may be; and in each such case the Purchase Price payable by the Purchaser for the Purchased Shares shall be satisfied, in whole or in part, as the case may be, by such assumption or payment and the amount so assumed or paid shall be deducted from the Purchase Price payable at the Time of Closing).

Non-Compliance with Conditions. If at the Time of Closing: Closing (ai) the Purchased Shares Units are not free and clear of all Liens, or or (bii) evidence or a certificate referred to in Article 17.2(eparagraph 13.3(e) is not provided, the Purchaser may, without prejudice to any other rights which it may have, purchase the Purchased Shares Units subject to such Liens or in the absence of such evidence or certificate, and, in that event, the Purchaser shall, at the Time of Closing, , (ciii) assume all obligations and liabilities with respect to such Liens, and (div) make the payment of tax required under Section 116 of the Income Tax Act (Canada)Act, as the case may be; and in each such case the Purchase Price payable by the Purchaser for the Purchased Shares Units shall be satisfied, in whole or in part, as the case may be, by such assumption or payment and the amount so assumed or paid shall be deducted from the Purchase Price payable at the Time of Closing).

Non-Compliance with Conditions. If at the Time of Closing: Closing (ai) the Purchased Shares are not free and clear of all Liens, or or (bii) evidence or a certificate referred to in Article 17.2(eparagraph 9.2(f) is not provided, the Purchaser may, without prejudice to any other rights which it may have, purchase the Purchased Shares subject to such Liens or in the absence of such evidence or certificate, and, in that event, the Purchaser shall, at the Time of Closing, , (ciii) assume all obligations and liabilities with respect to such Liens, and (div) make the payment of tax required under Section 116 of the Income Tax Act (Canada), as the case may be; and in each such case the Purchase Price payable by the Purchaser for the Purchased Shares shall be satisfied, in whole or in part, as the case may be, by such assumption or payment and the amount so assumed or paid shall be deducted from the Purchase Price payable at the Time of Closing).