Common use of Notice of Unfulfilled Conditions Clause in Contracts

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), Definitive Arrangement Agreement (Leading Brands Inc)

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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 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.)

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: In Agreement

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Notice of Unfulfilled Conditions. If any Party party shall determine at any time prior to the Effective Date completion of the Offer that it intends to refuse to consummate the Arrangement or any of the transactions contemplated thereby hereby because of any unfulfilled or unperformed condition precedent contained in this Agreement on the part of the other Party party to be fulfilled or performed, such Party, as the case may be, party shall so notify the other Party party forthwith upon making such determination in order that any one or more of the other Party parties 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, but in any event no later than June 16, 2000.

Appears in 1 contract

Samples: Business Combination Agreement (Med Emerg International Inc)

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