Waiver of Condition Precedent. Each Condition Precedent is for the sole benefit of AEMO and can only be waived by AEMO.
Waiver of Condition Precedent. (a) A Condition Precedent may only be waived in writing by the party or parties entitled to the benefit of that Condition Precedent as noted in clause 3.1 (except conditions which cannot be waived) and will be effective only to the extent specifically set out in that waiver.
(b) To be effective any waiver of the breach or non-fulfilment of any condition in clause 3.1 (except conditions which cannot be waived) must be in writing and a copy of the waiver must be provided to the other parts prior to 8.00am on the Second Court Date.
(c) A waiver of a breach or non-fulfilment in respect of a Condition Precedent does not constitute:
(i) a waiver of a breach or non-fulfilment of any other Condition Precedent arising from the same event; or
(ii) a waiver of a breach or non-fulfilment of that Condition Precedent resulting from any other event. Scheme Implementation Agreement MinterEllison | Ref: DYS.NZS: 1397874 Page 10 (d) A waiver of any condition in clause 3.1 precludes the party who has the benefit of the condition from suing the other party for any breach of this agreement that resulted from any breach or non-fulfilment of the condition.
Waiver of Condition Precedent. The Proposed Disposal is conditional upon the satisfaction (or waiver) of certain conditions precedent (“Conditions Precedent”), one of which is the discharge of all the corporate guarantees provided by the Company in favour of the Sale Companies. Pursuant to the Letter Agreement, the Company agreed to waive this Condition Precedent, subject to the Purchaser’s compliance with the following undertakings:
(a) as soon as practicable but in any event before the Long-Stop Date of 31 March 2016, take over and discharge the Company as the guarantor to the guarantees given by the Company to the various banks in favour of the Sale Companies (“Bank Guarantees”) and procure the discharge of such Bank Guarantees in relation to the Company;
(b) indemnify and hold the Company harmless from any claims, demands, proceedings and actions brought by any third party against the Company for any losses whatsoever arising from or in connection with the Bank Guarantees following Completion up to and until the time the Bank Guarantees are taken over by the Purchaser; and
(c) if by the Long-Stop Date the Company is not discharged as the guarantor to the Bank Guarantees, settle all outstanding sums under the various bank facilities guaranteed by the Bank Guarantees (“Facilities”) and cancel such Facilities such that the Bank Guarantees will be discharged fully and no further sums will remain owing under the Bank Guarantees.
Waiver of Condition Precedent. By instrument in writing delivered to the other, either Buyer or Seller may waive any condition precedent, covenant or condition contained herein for the benefit of the party delivering such waiver, and upon the exercise of such right or waiver, the transactions shall be closed in accordance with the terms contained in this Agreement as modified.
Waiver of Condition Precedent. The parties agree that in the event that the Purchaser pays a 30% deposit for the purchase of the Property referred to herein, that this will amount to a waiver by the Purchaser of the condition precedent contained in this Annexure and the Purchaser’s purchase of the Property will no longer be subject to the Purchaser obtaining bond approval as envisaged in clause 1.1 hereof.
Waiver of Condition Precedent. It is hereby expressly acknowledged and declared that the conditions precedent are inserted for the sole benefit of the Bank and may thereafter be waived wholly or in part by the Bank at the sole and absolute discretion of the Bank without prejudicing the rights of the Bank under any document and such waiver shall not prejudice the rights of the Bank from insisting on the Customer’s compliance with any such waived condition precedent at any subsequent time.
Waiver of Condition Precedent. Receipt of each condition precedent item in this clause is for the sole benefit of the Lenders, and may only be waived by notice to the Aus Borrower from the Aus Lender. 2. Representations and acknowledgments
Waiver of Condition Precedent. The Project Co shall have the right by service of notice on the Trust at any time on or after the Commencement Date to waive the whole or any part of the Condition Precedent set out in paragraph 3.3 of Schedule 2.
Waiver of Condition Precedent. Purchaser hereby acknowledges that the Fourth Amendment by and between Seller and Federal Express Corporation ("FedEx Fourth Amendment") has been fully executed and delivered to Purchaser, and Purchaser hereby waives its condition precedent with respect to such FedEx Fourth Amendment, as contained in Section 3 of the Sixth Amendment.
Waiver of Condition Precedent. The parties agreed to waive the requirement to comply with the condition precedent as set out in in Clause 2.1.3 of the SPA in relation to perfection of the assignment of ASA Enterprises’s units and Oriental Pearl’s units in favour of MPCorp.
