Due Diligence Out. If the due diligence investigations performed by the Agents and/or their representatives reveal any material information or fact not generally known to the public which might, in the Agents’ sole opinion, adversely affect the market price of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents shall be entitled, at their sole option and in accordance with subparagraph 7(h) of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Shares) by written notice to that effect given to the Company any time prior to the Closing Time.
Due Diligence Out. The Agent is not satisfied, in its discretion, acting reasonably, with the completion of its due diligence investigations;
Due Diligence Out. The Agents are not satisfied in its sole discretion with its due diligence review and investigations in respect of the Corporation; or
Due Diligence Out. In the event that the Agent is not satisfied, acting reasonably, with the results of the due diligence review and investigation of the Company conducted by the Agent, the Agent shall be entitled, at its sole discretion and in accordance with Subsection 7.8 of this Agreement, to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase the FT Units and Subscription Receipts) by notice to that effect given to the Company any time prior to the Closing Time.
Due Diligence Out. In the event that the due diligence investigations performed by the Agents and/or the Agents’ representatives reveal any material information or fact which, in the sole opinion of BMO, is Materially Adverse, or adversely affects the price or value of the Common Shares, BMO shall be entitled at its sole option, in accordance with Section 12.H of this agreement, to terminate the obligations of the Agents under this agreement (and the obligations of the Purchasers under the Subscription Agreements) by written notice to that effect given to the Company prior to the Time of Closing.
Due Diligence Out. The parties agree that (A) during the period from the date hereof until the Closing, Sellers and Buyer shall cooperate to permit Buyer to conduct due diligence with respect to the Other Assets and the Other Businesses, (B) Buyer, in its sole discretion for any reason, shall have the right to provide written notice (the "Due Diligence Out Notice") to Sellers at any time prior to Closing that sets forth that Buyer has determined not to, and shall not, purchase the inventory and other assets relating to the Farmhouse Business, Xx Xxxx Business, Pet Milk Business, Red Band Business, and/or Softasilk Business (which Due Diligence Out Notice shall specify which of such businesses, if any, Buyer will purchase the inventory and other assets thereof (the "Wanted Other Business"), and which of such businesses, if any, Buyer will not purchase the inventory and other assets thereof (the "Unwanted Other Business")), and (C) that in the event that Buyer provides Sellers with the Due Diligence Out Notice then this Agreement and the Collateral Agreements shall hereby be deemed revised accordingly to delete all references and provisions relating to the purchase and sale of the inventory and other assets relating to such Unwanted Other Business and the assumption by Buyer of the liabilities related thereto to the extent provided herein.
Due Diligence Out. If, after the date of this Agreement and prior to the Closing Time, the Agents shall not be satisfied in their sole discretion with its due diligence investigations of the Company and the subsidiaries, then such Agent shall be entitled, at its option, in accordance with Section 20(g), to terminate its obligations under this Agreement by written notice to that effect given to the Company any time at or prior to the Closing Time.
Due Diligence Out the Agent shall have completed, to its satisfaction, its due diligence review of the Corporation and the Subsidiaries, and each of their respective businesses, operations and financial condition, and is not satisfied with such due diligence review;
Due Diligence Out. In the event that the due diligence investigations performed by the Underwriters and/or their representatives reveal any material information or fact not generally known to the public which might, in the sole opinion of the Underwriters (or any one of them), acting reasonably, adversely affect the market price of the Common Shares, quality of the investment or marketability of the Offering, the Underwriters (or any one of them) shall be entitled, at their sole option and in accordance with subparagraph 7(g) of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase the Treasury Units and Secondary Shares) by notice to that effect given to the Company and the Selling Shareholders any time prior to the Closing Time.
Due Diligence Out. In the event that the due diligence investigations performed by the Agents and/or their respective representatives reveal any material information or fact not generally known to the public which might, in the Agents’ sole opinion (or any of them), acting reasonably, adversely affect the market price of the Common Shares, quality of the investment or marketability of the Offering, the Agents (or any of them) shall be entitled, at their sole option and in accordance with subsection 7(h) of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase the Units) by notice to that effect given to the Company any time prior to the Closing Time on the Closing Date.
