Seller’s Condition Precedent. 2.8.1.1 In respect of supply of Imported Coal: the Seller shall have (i) acquired a definitive right under a coal import agreement with its supplier of imported coal; and (ii) made all necessary arrangements for import of Coal including the necessary shipping and port arrangements for delivery of Imported Coal in accordance with the terms of this Agreement
Seller’s Condition Precedent. Notwithstanding any other provision of this Agreement to the contrary, Seller’s obligations under this Agreement shall be subject to the following conditions precedent either being satisfied in full, or being waived by Seller in writing, acting in Seller’s sole discretion, prior to the Closing or other deadline specified herein therefor:
Seller’s Condition Precedent. Seller shall have completed the setting up and commissioning of the Seller’s Facilities.
Seller’s Condition Precedent. The Seller shall have obtained from the lawful authority all requisite sanctions, approvals, licenses and consents including those related to land acquisition, environment and forest clearance for development and operation of the Mine within months from the Date of execution of the contract or such other extended period as may be agreed to in writing and in accordance with the terms of this agreement.
Seller’s Condition Precedent. 1 In respect of supply of Imported Coal, the Seller shall have: (i) acquired a definitive right under the fuel supply agreement with its foreign counterparty to carry out import of the Coal; and (ii) made all necessary arrangements for import of coal including the necessary shipping and port arrangements for delivery of Imported Coal in accordance with the terms of this Agreement 2 In respect of supply of domestic Coal The Seller shall (i) have obtained from the lawful authority all requisite sanctions, approvals, licences and consents including those related to land acquisition, environment and forest clearance for development and operation of the coal block identified in Schedule I to this Agreement ; and (ii) Seller shall have achieved Seller’s Financial Closure with respect to development and operation of the coal block identified in Schedule I to this Agreement 2 Purchaser’s Condition Precedent (CP) 1 The Purchaser shall have obtained from the lawful authority all necessary clearances, authorisations, approvals and permissions required for, construction, commissioning, operation and maintenance of the Plant 2 The Purchaser shall have completed the (a) construction of at least 50% of the Plant(in cases where the last milestone provided in the LOA is the ordering of plant and equipment) or (b) commissioning of the Plant (in cases where the last milestone provided in the LOA is the completion of 50% construction of the Plant, as may be applicable and such commissioning or construction as the case may be has been certified by an Independent Engineer.
Seller’s Condition Precedent. 1 In respect of supply of Imported Coal, the Seller shall have (i) acquired a definitive right under the fuel supply agreement with its foreign counterparty to carry out import of Coal; and (ii) made all necessary arrangements for import of Coal including the necessary shipping and port arrangements for delivery of Imported Coal in accordance with the terms of this Agreement 2 In respect of supply of domestic Coal the Seller shall have (i) have obtained from the lawful authority all requisite sanctions, approvals, licences and consents including those related to land acquisition, environment and forest clearance for development and operation of the coal block identified in Schedule I to this Agreement; and (ii) Seller shall have achieved Seller’s Financial Closure with respect to development and operation of the block identified in Schedule I to this Agreement.
Seller’s Condition Precedent. This Section 6.1 describes certain conditions precedent to Seller’s obligations under this PPA (collectively, the “Seller’s Conditions Precedent”), each of which Seller shall pursue diligently with commercially reasonable efforts:
Seller’s Condition Precedent. Unless waived by Seller, the obligation of Seller and Shareholders to effect the transactions contemplated hereby shall be subject to the fulfillment at or prior to the Closing of the following additional conditions:
Seller’s Condition Precedent. All of the following shall be conditions precedent to Seller's obligation to consummate the transactions contemplated by this Agreement:
Seller’s Condition Precedent. To the extent that the subject transaction does not close on or prior to December 31, 1999, then, in such event, Seller's obligation to subsequently close the transaction provided for in this Agreement shall be subject to Seller's obtaining, prior to Closing, the agreement of the present mortgage holder on the Property to release the Property from the lien of their mortgage, at a price and on terms satisfactory to Seller, in Seller's sole and absolute discretion. Promptly following the satisfaction of this condition precedent, or any portion thereof, Seller shall provide Purchaser with written evidence of same. In the event that the foregoing condition precedent is applicable and is not fulfilled prior to Closing, then Seller shall have the option of either: (i) waiving the condition, or (ii) canceling this Agreement by written notice to Purchaser given prior to the Closing, in which event the Escrow Agent shall return the Deposit(s) and all interest thereon to Purchaser, whereupon both parties shall be released from all further obligations under this Agreement, except those obligations which are specifically stated to survive termination or closing of this transaction. In addition, Seller shall use commercially reasonable efforts to obtain approval from the present mortgage holder on the Property to join in and subordinate the lien of their mortgage to the 6 Year Amendment. Promptly following Seller obtaining such joinder and consent, or any portion thereof, Seller shall provide Purchaser with written evidence of same. Purchaser understands and agrees, however, that obtaining the joinder and consent to the 6 Year Amendment is not a condition precedent to this Agreement, and accordingly, if despite the commercially reasonable efforts of Seller, Seller does not obtain such joinder and agreement, Purchaser shall nonetheless be obligated to conclude this transaction. This paragraph shall survive Closing or any earlier termination of this Agreement.
