Non-Fulfilment. If the Condition Precedent is not fulfilled or waived within 10 days of the Payment Date, then this agreement will be voidable by either party giving the other party notice in writing and on the giving of such notice the Company must return to the Investor any Subscription Money paid by the Investor.
Non-Fulfilment. In the event that one or more of the conditions set forth in this Section 5.1 is not fulfilled on or before the Closing Date and the Purchaser does not waive such condition pursuant to this Section 5.1, the Purchaser may, in its discretion and upon delivery of written confirmation thereof to the Vendors, grant to the Vendors a thirty (30) day extension period to fulfill such condition. Any additional extension period may be agreed to in writing by the Parties. However, in the event that one or more of the conditions set forth in this Section 5.1 is not fulfilled on or before the extended date, the date agreed upon by the Parties or, at the latest, the Outside Date and the Purchaser does not waive such condition pursuant to this Section 5.1, the Purchaser may elect not to effect the Closing, and, if the Purchaser so elects, this Agreement shall be terminated, in which event none of the Vendors nor the Purchaser shall have any further obligations hereunder nor any liability, recourse or penalty against one another; provided that, if such condition is not fulfilled as a result of a voluntary breach of any representation or warranty of the Vendors, or the failure at the volition of the Vendors or the Targets to perform a covenant, obligation or undertaking to be performed by the Vendors or the Targets, such termination shall not prejudice the Purchaser’s right to pursue its legal remedies against the Vendors with respect to such voluntary breach or failure.
Non-Fulfilment. In the event of non-compliance by either Party, the other Party at his discretion shall, after giving notice, have the right to cancel the contract on basis of the market price at the date of default. In case of any dispute over the date of default or on the market price on that day, the matter shall be referred to Arbitration. The following procedure shall be adopted:
Non-Fulfilment. The Parties shall inform each other forthwith upon becoming aware of any fact or matter which could reasonably be expected to constitute a non-fulfilment of the conditions set forth in Articles 3.2.1 and 3.2.
Non-Fulfilment. (A) The Condition in clause 3.1(F) may be waived by the Subscriber. The Conditions in clauses 3.1(C) and 3.1(D) may be waived by the Company.
Non-Fulfilment. If the Conditions are not fulfilled or waived by or on behalf of the Investors by the Condition Date then this agreement will be voidable by the Investors jointly, or the Company, giving notice in writing to the other of them, and on giving notice, subject to clauses 13, 15 and 16 of this agreement (which will remain in effect), this agreement will have no further force or effect.
Non-Fulfilment. 3.2.1 The Subscriber may at any time and upon such terms as it thinks fit waive compliance with any of the Closing Conditions in Clause 3.1 (other than Clauses
Non-Fulfilment. 9.1 If, for whatever reason:
Non-Fulfilment. If the conditions in clause 2.1 are not satisfied or waived on or before the Drawdown Date, either Lender may cancel this agreement by written notice to the Company signed on behalf of that Lender. If this agreement is cancelled in that way, no party will have any obligation to any other party.
