Notice of Unfulfilled Conditions. If any Party shall determine at any time prior to the Effective Date that it intends to refuse to consummate the Arrangement or any of the transactions contemplated thereby because of any unfulfilled or unperformed condition precedent contained in this Agreement on the part of the other Party to be fulfilled or performed, such Party, as the case may be, shall so notify the other Party forthwith upon making such determination in order that the other Party shall have the right and opportunity to take such steps, at its own expense, as may be necessary for the purpose of fulfilling or performing such condition precedent within a reasonable period of time.
Appears in 4 contracts
Samples: Arrangement Agreement (Leading Brands Inc), Arrangement Agreement (Leading Brands Inc), Arrangement Agreement (Leading Brands Inc)
Notice of Unfulfilled Conditions. If any Party party hereto shall determine at any time prior to the Effective Date that it intends to refuse to consummate the Arrangement or any of the transactions contemplated thereby because of any unfulfilled or unperformed condition precedent contained in this Arrangement Agreement on the part of the other Party another party hereto to be fulfilled or performed, such Partyparty, as the case may be, shall so notify the other Party party forthwith upon making such determination in order that the other Party party shall have the right and opportunity to take such steps, at its own expense, as may be necessary for the purpose of fulfilling or performing such condition precedent within a reasonable period of time.
Appears in 2 contracts
Samples: Arrangement Agreement (KHD Humboldt Wedag International Ltd.), Arrangement Agreement (MFC Bancorp LTD)
Notice of Unfulfilled Conditions. If any Party hereto shall determine at any time prior to the Effective Date that it intends to refuse to consummate the Arrangement Share Exchange or any of the transactions contemplated thereby because of any unfulfilled or unperformed condition precedent contained in this Agreement on the part of the other another Party hereto to be fulfilled or performed, such Party, as the case may be, shall so notify the other Party forthwith upon making such determination in order that the other Party shall have the right and opportunity to take such steps, at its own expense, as may be necessary for the purpose of fulfilling or performing such condition precedent within a reasonable period of time.
Appears in 1 contract
Samples: Share Exchange Agreement
Notice of Unfulfilled Conditions. If any Party shall determine at any time prior to the Effective Date that it intends to refuse to consummate the Arrangement or any of the transactions contemplated thereby because of any unfulfilled or unperformed condition precedent contained in this Arrangement Agreement on the part of the other another Party to be fulfilled or performed, such Party, as the case may be, shall so notify the other Party forthwith upon making such determination in order that the other Party shall have the right and opportunity to take such steps, at its own expense, as may be necessary for the purpose of fulfilling or performing such condition precedent within a reasonable period of time.
Appears in 1 contract
Samples: Arrangement Agreement (KHD Humboldt Wedag International Ltd.)