Common use of SUSPENSIVE CONDITION Clause in Contracts

SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the provisions of clause 1, this clause 2, and clauses 5 to 15 (both inclusive), which shall be of Immediate force and effect on the Signature Date, is subject to the fulfilment of the suspensive condition, that by not later than 15 December 2013 the suspensive condition to the Relationship Agreement has been fulfilled. 2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible. 2.3 The Suspensive Condition has been inserted for the benefit of all Parties who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1(or extended in accordance with clause 2.4). 2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated in clause 2.1(or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or dates), the provisions of this Agreement save for clause 1, this clause 2 and clauses 5 to 15 (both inclusive) which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none of the Parties will have any claim against any other in terms hereof or arising from the failure of the Suspensive Condition, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Date.

Appears in 1 contract

Sources: Indemnity Agreement (Sedibelo Platinum Mines LTD)

SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the provisions of clause 1, this clause 2, and clauses 5 to 15 (both inclusive), which shall be of Immediate immediate force and effect on the Signature Date, is subject to the fulfilment of the suspensive condition, that by not later than 15 December 2013 the suspensive condition to the Relationship Agreement has been fulfilled. 2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible. 2.3 The Suspensive Condition has been inserted for the benefit of all Parties who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1(or 2.1 (or extended in accordance with clause 2.4). 2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated in clause 2.1(or 2.1 (or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or dates), the provisions of this Agreement save for clause 1, this clause 2 and clauses 5 to 15 (both inclusive) which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none of the Parties will have any claim against any other in terms hereof or arising from the failure of the Suspensive Condition, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Date.

Appears in 1 contract

Sources: Indemnity Agreement (Sedibelo Platinum Mines LTD)

SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the preamble and the provisions of clause 1, this clause 2, and clause 5.2, clauses 5 6 to 15 (both inclusive)24, which shall be of Immediate immediate force and effect on the Signature Date, is subject to the fulfilment of the following suspensive condition, that by not no later than 15 December 2013 2013, the suspensive condition to the Relationship BPJV Shareholders Agreement has been fulfilledterminated in accordance with the Consolidation Agreements. 2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible. 2.3 The Suspensive Condition has been inserted for the benefit of all Parties both the Parties, who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1(or clauses 2.1 (or such time period as extended in accordance with clause 2.4). 2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated relevant dates for fulfilment thereof set out in clause 2.1(or 2.1 (or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or dates), the provisions of this Agreement Agreement, save for clause 1, this clause 2 2, clause 6 and clauses 5 clause 12 to 15 (both inclusive) 24, which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none neither of the Parties will have any claim against any the other in terms hereof or arising from the failure of the Suspensive Condition, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Fulfilment Date.

Appears in 1 contract

Sources: Rooderand Agreement (Sedibelo Platinum Mines LTD)

SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the provisions of clause 1, this clause 2, clause 3, clause 4, clause 6, clause 13, clause 16, clause 22 (other than clauses 23.3.3 and 23.4) and clauses 5 24, clause 25 and clauses 27 to 15 40 (both inclusive), which shall be of Immediate immediate force and effect on the Signature Date, is subject to the fulfilment of the suspensive condition, that by not later than 15 16 December 2013 the suspensive condition to the Relationship Subscription Agreement has been fulfilledimplemented save for the issuance by Platmin of the Additional BBKT IBMR Consideration Shares to BBKT and the payment of the Guaranteed Amounts. 2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible. 2.3 The Suspensive Condition has been inserted for the benefit of all of the Parties who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1(or 2.1 (or extended in accordance with clause 2.4). 2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated in clause 2.1(or 2.1 (or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or dates), the provisions of this Agreement save for clause 1, this clause 2 2, clause 4, clause 22 (other than clauses 23.3.3 and 23.4), clause 24, clause 25 and clauses 5 27 to 15 40 (both inclusive) which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none of the Parties will have any claim against any other in terms hereof or arising from the failure of the Suspensive ConditionConditions, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Date.

Appears in 1 contract

Sources: Relationship Agreement (Sedibelo Resources LTD)

SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the provisions of clause 1, this clause 2, and clauses 5 to 15 (both inclusive), which shall be of Immediate immediate force and effect on the Signature Date, is subject to the fulfilment of the suspensive condition, that by not later than 15 December 2013 the suspensive condition to the Relationship Agreement has been fulfilled. 2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible. 2.3 The Suspensive Condition has been inserted Inserted for the benefit of all Parties who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1(or 2.1 (or extended in accordance with clause 2.4). 2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated in clause 2.1(or 2.1 (or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or datesdales), the provisions of this Agreement save for clause 1, this clause 2 and clauses 5 to 15 (both inclusive) which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none of the Parties will have any claim against any other in terms hereof or arising from the failure of the Suspensive Condition, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Date.

Appears in 1 contract

Sources: Indemnity Agreement (Sedibelo Platinum Mines LTD)