Simultaneous obligations Sample Clauses

Simultaneous obligations. On the terms and subject to the conditions set forth herein, each of the actions of Trinity and Stago at Closing set forth in Section 4.3 and 4.4 shall take place simultaneously, each being conditioned upon the performance of the others, and neither Party shall have any obligation to consummate the Closing if any of the Material Deliverables are missing, unless it has been waived by the person entitled to benefit from such action or to receive such deliveries. Except as otherwise provided herein, title to all Transferring Assets which are capable of transfer by delivery shall pass by delivery in the relevant jurisdiction.

Simultaneous obligations. All actions required to be performed by the Company and the Noteholder in respect of the Subscription Notes on an Issue Date are interdependent and are taken to have occurred simultaneously on the Issue Date.

Simultaneous obligations. (a) Subject to clause 6.4(b), the actions to take place as contemplated by this clause 6 and Schedule 1 are interdependent and must take place, as nearly as possible, simultaneously. If one action does not take place, then without prejudice to any rights available to any party as a consequence: (1) there is no obligation on any party to undertake or perform any of the other actions; (2) to the extent that such actions have already been undertaken, the parties must do everything reasonably required to reverse those actions; and (3) the Vendor and the Purchaser must each return to the other all documents delivered to it under clause 6.2(a) and Schedule 1, without prejudice to any other rights any party may have in respect of that failure. (b) The Purchaser may, in its sole discretion, waive any or all of the actions that the Vendor is required to perform under paragraph 1 of Schedule 1 and the Vendor may, in its sole discretion, waive any or all of the actions that the Purchaser is required to perform under paragraph 2 of Schedule 1. (c) Completion will only be effected on the basis that it occurs simultaneously with the completion of the Other Transaction Agreements and the MDB SPA and, without limiting the foregoing, the Purchaser must not purchase, and the Vendor must not sell any of the Sale Shares unless simultaneously the Purchaser completes all of (and not some of) the Other Transaction Agreements or the MDB SPA. 7 Control of the Operations

Simultaneous obligations. (a) Subject to clause 4.4(b), the actions to take place as contemplated by clause 4.2 are interdependent and must take place, as nearly as possible, simultaneously. If one action does not take place, then without prejudice to any rights available to any party as a consequence: (1) there is no obligation on any party to undertake or perform any of the other actions; (2) to the extent that such actions have already been undertaken, the parties must do everything reasonably required to reverse those actions; and (3) each party must return to the other party all documents delivered to it under clause 4.2, without prejudice to any other rights any party may have in respect of that failure. (b) The New Lender may, in its sole discretion, waive any or all of the actions that the Original Lender is required to perform under clause 4.2 and the Original Lender may, in its sole discretion, waive any or all of the actions that the New Lender is required to perform under clause 4.2. (c) Completion will only be effected on the basis that it occurs simultaneously with the completion of the Transaction Documents and, without limiting the foregoing, the New Lender must not purchase, and the Original Lender must not sell any of the Loan Assets unless simultaneously the New Lender completes all of (and not some of) the Transaction Documents.