Waiver of Condition. The Company, in the case of a condition set out in Section 6.2, and the Investor, in the case of a condition set out in Section 6.3, will have the exclusive right to waive before the Closing Time the performance of or compliance with such condition in whole or in part and on such terms as may be agreed upon without prejudice to any of its rights in the event of non-performance of or non-compliance with any other condition in whole or in part. Any such waiver will not constitute a waiver of any other conditions in favor of the waiving party. Such waiving party will retain the right to complete the transactions contemplated hereby and sue the other party in respect of any breach of the other party’s covenants or obligations or any inaccuracy or misrepresentation in a representation or warranty of the other party which gave rise to the non-performance of or non-compliance with the condition so waived.
Waiver of Condition. All conditions to the Closing shall be deemed to have been satisfied or waived from and after the Closing.
Waiver of Condition. Hochschild, in the case of a condition set out in Section 3.2, and the Company, in the case of a condition set out in Section 3.1, will have the exclusive right to waive before the Closing Date the performance or compliance of such condition in whole or in part and on such terms as may be agreed upon without prejudice to any of its rights in the event of non-performance of or non-compliance with any other condition in whole or in part. Any such waiver will not constitute a waiver of any other conditions in favor of the waiving party. Such waiving party will retain the right to complete the sale and purchase of the Purchased Shares herein contemplated and xxx the other party in respect of any breach of the other party’s covenants or obligations or any inaccuracy or misrepresentation in a representation or warranty of the other party which gave rise to the non-performance of or non-compliance with the condition so waived.
Waiver of Condition. The Buyer, in the case of a condition set out in Section 7(a), and the Sellers, in the case of a condition set out in Section 7(b), will have the exclusive right to waive the performance or compliance of such condition in whole or in part and on such terms as may be agreed upon without prejudice to any of its rights in the event of non-performance of or non-compliance with any other condition in whole or in part. Any such waiver will not constitute a waiver of any other conditions in favour of the waiving party. Such waiving party will retain the right to complete the sale and purchase of the Company Shares herein contemplated and will have the right to exercise all legal remedies against the other party in respect of any breach of the other party’s covenants, obligations or any inaccuracy or misrepresentation in a representation or warranty of the other party which gave rise to the non-performance of or non-compliance with the condition so waived.
Waiver of Condition. The condition contained in clause 3.1 is waived if and only if the Purchaser waives the condition by notice to Tasmanian Irrigation.
Waiver of Condition. The Condition is for the benefit of the Issuer and may only be waived if the Issuer:
(a) gives notice to the Subscriber specifying that it no longer requires the Condition to be fulfilled (provided such waiver is permitted by law and the ASX Listing Rules and that Option Completion has not already occurred); and
(b) is able to issue the Subscription Options on or before 1 March 2023 without Shareholder approval.
Waiver of Condition. The failure of Landlord to insist upon strict performance of any of the provisions or condition of the Lease shall not be construed as a waiver or relinquishment for the future or any such conditions or options, but the same be and remain in full force and effect.
Waiver of Condition. No waiver of condition or covenant of this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of this Lease.
Waiver of Condition. New Lorus, in the case of a condition set out in Section 5.02 (other than the condition set forth in Section 5.02(e)), and the Purchaser, in the case of a condition set out in Section 5.01 (other than the condition set forth in Section 5.01(o)), will have the exclusive right to waive the performance or compliance of such condition in whole or in part and on such terms as may be agreed upon without prejudice to any of its rights in the event of non-performance of or non-compliance with any other condition in whole or in part; provided that New Lorus will not be entitled to waive the condition set forth in Section 5.02(e) and the Purchaser will not be permitted to waive the condition set forth in Section 5.01(o). Any such waiver will not constitute a waiver of any other conditions in favour of the waiving party.
Waiver of Condition. Buyer and Seller acknowledge that Seller has suffered effects to its financial condition, results of operations, business, management, loan portfolio, regulatory relationships with the Office of Thrift Supervision, ability to consummate the corporate merger and related transactions and other matters as described in the supplement to the Disclosure Schedules that may constitute a Material Adverse Effect of the Seller, but that the Seller believes that the effects identified by the Buyer may not constitute a Material Adverse Effect of the Seller. Buyer agrees to waive any right it may have under the Agreement to terminate such Agreement based on the above-described effects so long as the Seller is operated in the ordinary course and in accordance with the terms and conditions set forth in the Agreement, and provided that such waiver shall not affect any right of Buyer to terminate such Agreement as amended based on the failure of Seller to comply with any condition to its performance set forth therein, or any of its representations, warranties or other obligations under the Agreement.
