Common use of Outside Date Clause in Contracts

Outside Date. (a) Either the Company or the Purchaser shall have the right to postpone the Outside Date on one or more occasions (by at least 10 days or an integral multiple thereof, as specified by the postponing Party) up to a maximum of 90 days if one or more of the Key Regulatory Approvals have not been obtained and none of such remaining Key Regulatory Approvals has been denied by a non-appealable decision of a Governmental Entity. (b) A postponing Party shall give written notice of any such postponement of the Outside Date permitted in accordance with Section 1.3(a) to the other Party by no later than 5:00 p.m. on the date that is not less than five Business Days prior to the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.3), or such later date as may be agreed to in writing by the Parties; provided that, notwithstanding the foregoing, a Party shall not be permitted to unilaterally postpone the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.3) if (a) the failure to obtain a Key Regulatory Approval is the result of such Party’s wilful breach of its obligations under this Agreement with respect to obtaining such Key Regulatory Approval, or (b) in the aggregate such postponements would exceed 90 days from the original Outside Date.

Outside Date. (a) Either the Company Agnico or the Purchaser Xxxxxxxx shall have the right to postpone the Outside Date on one or more occasions (by at least 10 5 days or an integral multiple thereofand not more than 15 days, as specified by the postponing Party) up to a maximum of 90 60 days if one or more of the Key Regulatory Approvals have not been obtained and none of such remaining Key Regulatory Approvals has been denied by a non-appealable decision of a Governmental Entity, by providing Notice of such postponement to the other Party in accordance with Section 1.4(b). (b) A postponing Party shall give written notice Notice of any such postponement of the Outside Date permitted in accordance with Section 1.3(a1.4(a) to the other Party by no later than 5:00 p.m. on the date that is not less than five Business Days prior to the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.31.4), or such later date as may be agreed to in writing by the Parties; provided that, notwithstanding the foregoing, a Party shall not be permitted to unilaterally postpone the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.31.4) if if: (ai) the failure to obtain a Key Regulatory Approval is primarily the result of such Party’s 's wilful breach of its obligations under this Agreement with respect to obtaining such Key Regulatory Approval, ; or (bii) in the aggregate aggregate, such postponements would exceed 90 60 days from the original Outside Date.

Outside Date. ‌ (a) Either the Company Agnico or the Purchaser Xxxxxxxx shall have the right to postpone the Outside Date on one or more occasions (by at least 10 5 days or an integral multiple thereofand not more than 15 days, as specified by the postponing Party) up to a maximum of 90 60 days if one or more of the Key Regulatory Approvals have not been obtained and none of such remaining Key Regulatory Approvals has been denied by a non-non- appealable decision of a Governmental Entity, by providing Notice of such postponement to the other Party in accordance with Section 1.4(b). (b) A postponing Party shall give written notice Notice of any such postponement of the Outside Date permitted in accordance with Section 1.3(a1.4(a) to the other Party by no later than 5:00 p.m. on the date that is not less than five Business Days prior to the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.31.4), or such later date as may be agreed to in writing by the Parties; provided that, notwithstanding the foregoing, a Party shall not be permitted to unilaterally postpone the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.31.4) if if: (ai) the failure to obtain a Key Regulatory Approval is primarily the result of such Party’s wilful breach of its obligations under this Agreement with respect to obtaining such Key Regulatory Approval, ; or (bii) in the aggregate aggregate, such postponements would exceed 90 60 days from the original Outside Date.

Outside Date. (a) Either If the Company or HSR Approval has not been obtained by the Purchaser Outside Date, the Issuer and the Investor shall each have the right to postpone extend the Outside Date on one or more occasions (by at least 10 days or an integral multiple thereof, as specified by the postponing Partyextending party) up to a maximum of 90 days days. For the avoidance of doubt, if one or more of both the Key Regulatory Approvals have not been obtained Issuer and none of such remaining Key Regulatory Approvals has been denied by a non-appealable decision of a Governmental Entitythe Investor elect to extend the Outside Date in accordance with the terms hereof, the later Outside Date shall control. (b) A postponing Party An extending party shall give written notice to the other party of any such postponement an extension of the Outside Date permitted in accordance with pursuant this Section 1.3(a) to the other Party 1.5 by no later than 5:00 p.m. on the date that is not less than five two (2) Business Days prior to the Outside Date (as such Outside Date may have be been postponed extended pursuant to this Section 1.31.5), or such later date as may be agreed to in writing by the Parties; provided that, notwithstanding the foregoing, a Party party shall not be permitted to unilaterally postpone extend the Outside Date (as such Outside Date may have been postponed extended pursuant to this Section 1.31.5) if (ai) the failure to obtain a Key Regulatory the HSR Approval is the a result of such Partythe party’s wilful breach of its obligations under this Agreement with respect to obtaining such Key Regulatory HSR Approval, or (bii) in the aggregate of such postponements would exceed 90 days from the original Outside Date.

Outside Date. (a) Either the Company Target or the Purchaser shall have the right to postpone the Outside Date on one or more occasions (i) for an initial extension period of up to a maximum of 90 days (but by at least 10 ten (10) days or an integral multiple thereof, as specified by the postponing Party), (ii) following the initial extension period in (i) for a second extension period of up to a maximum of 90 days (but by at least ten (10) days or an integral multiple thereof, as specified by the postponing Party) and (iii) following the second extension period in (ii) for a third extension period of up to a maximum of 90 days (but by at least ten (10) days or an integral multiple thereof, as specified by the postponing Party), in each case, only if one or more of the Key Regulatory Approvals have not been obtained and none of such remaining Key Regulatory Approvals has been denied by a non-appealable decision of a Governmental Entity. (b) A postponing Party shall give written notice of any such postponement of the Outside Date permitted in accordance with Section 1.3(a) to the other Party by no later than 5:00 p.m. on the date that is not less than five Business Days prior to the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.3), or such later date as may be agreed to in writing by the Parties; provided that, notwithstanding the foregoing, a Party shall not be permitted to unilaterally postpone the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.3) if (a) the failure to obtain a Key Regulatory Approval is the result of such Party’s wilful breach Wilful Breach of its obligations under this Agreement with respect to obtaining such Key Regulatory Approval, or (b) in the aggregate such postponements would exceed 90 days from the original Outside Date.

Outside Date. (a) Either the Company Agnico or the Purchaser Kxxxxxxx shall have the right to postpone the Outside Date on one or more occasions (by at least 10 5 days or an integral multiple thereofand not more than 15 days, as specified by the postponing Party) up to a maximum of 90 60 days if one or more of the Key Regulatory Approvals have not been obtained and none of such remaining Key Regulatory Approvals has been denied by a non-appealable decision of a Governmental Entity, by providing Notice of such postponement to the other Party in accordance with Section 1.4(b). (b) A postponing Party shall give written notice Notice of any such postponement of the Outside Date permitted in accordance with Section 1.3(a1.4(a) to the other Party by no later than 5:00 p.m. on the date that is not less than five Business Days prior to the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.31.4), or such later date as may be agreed to in writing by the Parties; provided that, notwithstanding the foregoing, a Party shall not be permitted to unilaterally postpone the Outside Date (as such Outside Date may have been postponed pursuant to this Section 1.31.4) if if: (ai) the failure to obtain a Key Regulatory Approval is primarily the result of such Party’s wilful breach of its obligations under this Agreement with respect to obtaining such Key Regulatory Approval, ; or (bii) in the aggregate aggregate, such postponements would exceed 90 60 days from the original Outside Date.