Common use of Completion simultaneous Clause in Contracts

Completion simultaneous. The actions to take place at Completion as contemplated by clauses 4.2, 4.3 and 4.4 are interdependent and must take place, as nearly as possible, simultaneously.If one action does not take place, then without prejudice to any rights available to any Party as a consequence: (a) there is no obligation on any Party to undertake or perform any of the other actions; Confidential and Legally Privileged page 12 (b) to the extent that such actions have already been undertaken, the Parties must do everything reasonably required to reverse those actions; and (c) each Party must return to the other all documents delivered to it under this clause 4, and must each repay to the other all payments received by it under this clause 4, without prejudice to any other rights any Party may have in respect of that failure.

Appears in 1 contract

Sources: Sale & Purchase Agreement (Energizer Resources, Inc.)

Completion simultaneous. The actions to take place at Completion as contemplated by clauses 4.2, 4.3 and 4.4 under this clause 4 are interdependent and must take place, as nearly as possible, simultaneously.. If one action does not take place, then without prejudice to any rights available to any Party party as a consequence: (a) there is no obligation on any Party party to undertake or perform any of the other actions; Confidential and Legally Privileged page 12; (b) to the extent that such actions have already been undertaken, the Parties parties must do everything reasonably required to reverse those actions; and (c) each Party party must return to the other all documents delivered to it under this clause 4, and must each repay to the other all payments received by it under this clause 4, without prejudice to any other rights any Party party may have in respect of that failure.

Appears in 1 contract

Sources: Deed of Release, Termination and Settlement (Leucadia National Corp)