Common use of Waiver or Termination by Purchaser Clause in Contracts

Waiver or Termination by Purchaser. The conditions contained in section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Vendor, then the Vendor shall also be released from all obligations hereunder.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Osiris CORP), Asset Purchase Agreement (Xenova Group PLC)

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Waiver or Termination by Purchaser. The conditions contained in section Section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section Section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time Date at its option, rescind this Agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Vendor, then the Vendor shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Workstream Inc)

Waiver or Termination by Purchaser. The conditions contained in section Section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section Section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time Time, at its option, rescind this Agreement agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Vendor, then the Vendor shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Grainger W W Inc)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time Transfer Date at its option, rescind this Agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all any further obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Vendor, then the Vendor shall also be released from all any further obligations hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Golden Phoenix Minerals Inc)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 Section 5.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges Vendors acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor Vendors herein that corresponds or is related to such condition or such part xxx of such condition, as the case may be. If any of the conditions contained in section 6.1 Section 5.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor Vendors and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendors or the Corporation, then the Vendor Vendors shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Controlling Interest Purchase Agreement (Cen Biotech Inc)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges Corporation and the Shareholder acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor Corporation or the Shareholder herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor Corporation and the Shareholder and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorCorporation, the Shareholder or the Corporation, then the Vendor Corporation and the Shareholder shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Agreement and Plan (Jupiter Global Holdings Corp)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges Vendors and the Company acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor Vendors or the Company herein that corresponds or is related to such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendors or the Company herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor Vendors and the Company and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendors or the Company, then the Vendor Vendors and the Company shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Universe2u Inc)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 9.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 9.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Completion Time at its option, rescind this Agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Vendor, then the Vendor shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Apollo Gold Corp)

Waiver or Termination by Purchaser. The conditions contained in section Section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein in this agreement that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section Section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendor or the Corporation, then the Vendor shall also be released from all obligations hereunderunder this agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Futurelink Distribution Corp)

Waiver or Termination by Purchaser. The conditions contained in section SECTION 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges Vendors acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor Vendors herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section SECTION 6.1 hereof are is not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind terminate the Purchaser's obligations under this Agreement by notice in writing to the Vendor Vendors and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which that have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendors, then the Vendor Vendors shall also be released from all obligations hereunder, provided that SECTIONS 1.4 AND 9.5 will survive any such termination.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Uranium Power Corp)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 Section 5.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part xxx of such condition, as the case may be. If any of the conditions contained in section 6.1 Section 5.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendor or the Corporation, then the Vendor shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Cen Biotech Inc)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 7.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 7.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time Date at its option, rescind this Agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Vendor, then the Vendor shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Voice Mobility International Inc)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 hereof are inserted for the sole and exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at its option at or prior to the Closing Time at its optionTime, rescind this Agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, and unless the condition or of conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendor or the corporation, then the Vendor shall also be released from front all obligations hereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Breccia International Minerals Inc)

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Waiver or Termination by Purchaser. The conditions contained in section 6.1 5.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges Vendors acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall will constitute a waiver only of such condition or such part of such condition, as the case may be, and shall will not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor Vendors herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 5.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor Vendors and in such event the Purchaser shall will be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendors, or the QNX Group, then the Vendor shall Vendors will also be released from all obligations hereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Harman International Industries Inc /De/)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges Shareholders acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor Shareholders herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor Shareholders and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorShareholders or Novagen, then the Vendor Shareholders shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Novagen Solar Inc.)

Waiver or Termination by Purchaser. The conditions contained in section Section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges Vendors acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor Vendors herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section Section 6.1 hereof are is not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind terminate the Purchaser's obligations under this Agreement by notice in writing to the Vendor Vendors and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which that have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendors, then the Vendor Vendors shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Canwest Petroleum Corp)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges and the Shareholder acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor or the Shareholder herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor and the Shareholder and in such event the Purchaser shall be released from all obligations hereunder and, ; unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendor or the Shareholder, then the Vendor and the Shareholder shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement

Waiver or Termination by Purchaser. The conditions contained in section Section 6.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges Vendors acknowledge that the waiver by the Purchaser of any condition or any part of any condition condition, as the case may be, shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor Vendors herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section Section 6.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor Vendors and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendors, and provided that none of the Vendors is in breach of its representations, warranties or covenants under this Agreement, then the Vendor Vendors shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Compass Minerals International Inc)

Waiver or Termination by Purchaser. The conditions contained in section 6.1 7.1 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor herein that corresponds or is related to such condition or such part of such condition, as the case may be. If any of the conditions contained in section 6.1 7.1 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time Outside Date at its option, rescind this Agreement by notice in writing to the Vendor and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the Vendor, then the Vendor shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement

Waiver or Termination by Purchaser. The conditions contained in section 6.1 Section 6.01 hereof are inserted for the exclusive benefit of the Purchaser and may be waived in whole or in part by the Purchaser at any time. The Vendor acknowledges and SoftQuad acknowledge that the waiver by the Purchaser of any condition or any part of any condition shall constitute a waiver only of such condition or such part of such condition, as the case may be, and shall not constitute a waiver of any covenant, agreement, representation or warranty made by the Vendor or SoftQuad herein that corresponds or is related to such condition or such part part. of such condition, as the case may be. If any of the file conditions contained in section 6.1 Section 6.01 hereof are not fulfilled or complied with as herein provided, the Purchaser may, at or prior to the Closing Time at its option, rescind this Agreement by notice in writing to the Vendor and SoftQuad and in such event the Purchaser shall be released from all obligations hereunder and, unless the condition or conditions which have not been fulfilled are reasonably capable of being fulfilled or caused to be fulfilled by the VendorVendor and SoftQuad, then the Vendor and SoftQuad shall also be released from all obligations hereunder.

Appears in 1 contract

Samples: Asset and Share Purchase Agreement (Softquad Software LTD)

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