Common use of Purchaser’s Conditions Precedent Clause in Contracts

Purchaser’s Conditions Precedent. This Agreement and the obligations of the Purchaser under this Agreement are subject to the fulfilment of the following conditions: (a) the Vendor’s representations and warranties contained in this Agreement are true as of the Delivery Date and shall be true at and as of the Submission Date as though such representations and warranties were made as of such time; (b) the Vendor shall have performed and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by it at or prior to the Submission Date; (c) between the date of this Agreement and the Delivery Date there has not been, and prior to the Submission Date there shall not have been, any event, condition, change of circumstances or other fact in relation to the Vendor which has occurred that has had a material adverse impact on the Vendor or will have a material adverse impact on the business of the Purchaser upon completion of the transactions contemplated herein; and (d) the Purchaser shall have received from the Vendor a certified copy of resolutions of the directors of the Vendor containing a list of directors of the Vendor willing to act as a Vendor Nominee.

Purchaser’s Conditions Precedent. This Agreement and the obligations of the Purchaser under this Agreement are subject to the fulfilment of the following conditions: (a) the Vendor’s representations and warranties contained in this Agreement are true as of the Delivery Date and shall be true at and as of the Submission Date as though such representations and warranties were made as of such time; (b) the Vendor shall have performed and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by it at or prior to the Submission Date; (c) between the date of this Agreement and the Delivery Date there has not been, and prior to the Submission Date there shall not have been, any event, condition, change of circumstances circumstance or other fact in relation to the Vendor which has occurred that has had a material adverse impact on the Vendor or will have a material adverse impact on the business of the Purchaser upon completion of the transactions contemplated herein; and; (d) prior to the Effective Date, the Purchaser shall have received from the Vendor a certified copy of resolutions of the directors of the Vendor containing a list of nominating the Vendor Nominees for appointment as additional directors of the Vendor willing Purchaser; and (e) Competition Act Approval shall have been received prior to act as a Vendor Nomineethe Effective Date.