Common use of Completion simultaneous Clause in Contracts

Completion simultaneous. (a) Subject to clause 5.4(b), the actions to take place under this clause 5 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: (i) there is no obligation on any Party to undertake or perform any of the other actions; (ii) to the extent that such actions have already been undertaken, the Parties must do everything reasonably required to reverse those actions; and (iii) each Party must return to the other all documents delivered to it under this Agreement and must each repay to the other all payments received by it under this Agreement, without prejudice to any other rights any Party may have in respect of that failure. (b) The Purchaser may, in its sole discretion, waive any or all of the actions that the Vendor is required to perform under clause 5.2.

Appears in 1 contract

Sources: Agreement for Sale of Mining Assets (Avalon Advanced Materials Inc.)

Completion simultaneous. (a) Subject to clause 5.4(b7.5(b), the actions to take place under this clause 5 7 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: (i) there is no obligation on any Party to undertake or perform any of the other actions; (ii) to the extent that such actions have already been undertaken, the Parties must do everything reasonably required to reverse those actions; and (iii) each Party must return to the other all documents delivered to it under this Agreement clause 7, and must each repay to the other Party in Immediately Available Funds all payments received by it under this Agreementclause 7, without prejudice to any other rights any Party may have in respect of that failure. (b) The Purchaser may, in its sole discretion, waive any or all of the actions that the Vendor is Vendors are required to perform under clause 5.27.2.

Appears in 1 contract

Sources: Share Sale Agreement (Lifezone Metals LTD)