Common use of Waiver of Condition Clause in Contracts

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.

Appears in 2 contracts

Samples: Subscription Agreement (Dakota Gold Corp.), Subscription Agreement (Dakota Gold Corp.)

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Waiver of Condition. The Company, in the case of a condition set out in Section 6.25.2, and the Investor, in the case of a condition set out in Section 6.35.3, will have the exclusive right to waive before the Closing Time Time, the performance of or compliance with 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 favour of the waiving party. Such waiving party will retain the right to complete the transactions contemplated hereby and sue 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.

Appears in 2 contracts

Samples: Subscription Agreement (Hydrogenics Corp), Subscription Agreement (Hydrogenics Corp)

Waiver of Condition. The CompanyAcquisitionCo, in the case of a condition set out forth in Section 6.26.01, and Cannavative or the InvestorSellers' Representative, in the case of a condition set out forth in Section 6.36.02, will have the exclusive right to waive before the Closing Time the performance of or compliance with 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-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 partyParty. Such waiving party Party will retain the right to complete the transactions contemplated hereby and Transaction but will not have the right to sue the other party in respect of any breach of the other party’s covenants or Party's covenants, obligations or any inaccuracy or misrepresentation in a representation or warranty of the other party Party which gave rise to the non-performance of or non-compliance with the condition so waived.

Appears in 1 contract

Samples: Agreement

Waiver of Condition. The CompanyPurchaser, in the case of a condition set out in Section 6.25.01, and the InvestorVendor, in the case of a condition set out in Section 6.35.02, will have the exclusive right to waive before the Closing Time the performance of or compliance with 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 favour of the waiving party. Such waiving party will retain the right to complete the transactions purchase and sale of the Purchased Assets herein contemplated hereby and sue the other party in respect of any breach of the other party’s covenants or 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.

Appears in 1 contract

Samples: Lease Agreement (Forbes Medi-Tech Inc.)

Waiver of Condition. The Company, in the case of a condition set out in Section 6.25.2, and the Investor, in the case of a condition set out in Section 6.35.3, will have the exclusive right to waive before the Closing Time Time, the performance of or compliance with 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 favour of the waiving party. Such waiving party will retain the right to complete the transactions contemplated hereby and sue sxx 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.

Appears in 1 contract

Samples: Subscription Agreement (Hydrogen Co)

Waiver of Condition. The CompanyPurchaser, in the case of a condition set out in Section 6.25.01, and the InvestorVendors, in the case of a condition set out in Section 6.35.02, will have the exclusive right to waive before the Closing Time the performance of or compliance with 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 favour of the waiving party. Such waiving party will retain the right to complete the transactions sale and purchase of the Shares herein contemplated hereby and sue the other party in respect of any breach of the other party’s covenants or 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.

Appears in 1 contract

Samples: Share Purchase Agreement (SGS International, Inc.)

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Waiver of Condition. The Company, in the case of a condition set out in Section 6.2, and the InvestorPurchaser, in the case of a condition set out in Section 6.3, will have the exclusive right to waive before the relevant 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 favour of the waiving party. Such waiving party will retain the right to complete the transactions contemplated hereby and sue xxx the other party in respect of any breach of the other party’s '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.

Appears in 1 contract

Samples: Securities Purchase Agreement (IntelGenx Technologies Corp.)

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 conditions capable of being waived, 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 favour of the waiving party. Such waiving party will retain the right to complete the transactions contemplated hereby and sue 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.

Appears in 1 contract

Samples: Copper Purchase and Sale Agreement

Waiver of Condition. The Investor, in the case of a condition set out in Section 5.2, and 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 6.35.3, will have the exclusive right to waive at or before the Closing Time the performance of or compliance with such condition in whole or in part and on such terms as it may be agreed upon agree 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 favour 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 breach of a representation or warranty of the other party which gave rise to the non-non- performance of or non-compliance with the condition so waived.

Appears in 1 contract

Samples: Subscription Agreement (Solaris Resources Inc.)

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