Common use of Condition Not Fulfilled Clause in Contracts

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date or if any such condition is, or becomes, impossible to satisfy prior to the Outside Date, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Outside DateClosing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement or the Share Purchase Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the VendorVendors, as provided in Section 8.1(b)8.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at the Closing Time (or before the Outside Date Date, if applicable) or if any such condition is, or becomes, impossible to satisfy prior to the Outside Datesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available (subject to the Purchaser at law or in equity, Section 5.2(b)) may either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b)8.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition. For greater certainty, both the Purchaser and Alignvest must waive the condition in Section 5.1(8) for it to be considered waived under this Agreement.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date Effective Time or if any such condition is, or becomes, impossible to satisfy prior to the Outside DateEffective Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the VendorVendors, as provided in Section 8.1(b)8.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Outside DateClosing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment non‑fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 6.1 has not been fulfilled at or before the Outside Date Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Outside DateClosing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the VendorVendors, as provided in Section 8.1(b)9.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at the Closing Time (or before the Outside Date Date, if applicable) or if any such condition is, or becomes, impossible to satisfy prior to the Outside Datesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may(subject to Section 5.2(b)), without limiting any rights or remedies available to the Purchaser at law or in equity, may either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b)8.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition. For greater certainty, both the Purchaser and Alignvest must waive the condition in Section 5.1(6) for it to be considered waived under this Agreement.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date or if any such condition is, or becomes, impossible to satisfy prior to the Outside Date, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the VendorGCL, as provided in Section 8.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Outside DateClosing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement or the Share and Unit Purchase Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b)8.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date Closing Time or if any such condition is, or becomes, impossible to satisfy prior to the Outside DateClosing Time, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has 9.1 shall not have been fulfilled at or before the Outside Date Closing Time or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Outside Datesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, Agreement then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: : (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b)11.3; or or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 7.6 has not been fulfilled at or before the Outside Date or if any such condition is, or becomes, impossible to satisfy prior to the Outside Datesatisfy, other than as a result of the failure of the Purchaser Vendors to comply with its their obligations under this Agreement, then the Purchaser Vendors in its their sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, may either: (a) terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 8.1(b8.1(c); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-non fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 4.1 has not been fulfilled at or before the Outside Date Closing Time or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Outside Datesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b)10.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 5.3 has not been fulfilled at or before the Outside Date or if any such condition is, or becomes, impossible to satisfy prior to the Outside Date, other than as a result of the failure of the Purchaser Vendor to comply with its obligations under this Agreement, then the Purchaser Vendor in its sole discretion may, without limiting any rights or remedies available to the Purchaser Vendor at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, Purchaser as provided in Section 8.1(b8.1(c); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date Closing Time (excepting those that by their nature can only be fulfilled at the Closing Time) or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Outside Datesatisfy, other than as a result solely of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser Purchaser, in its sole discretion discretion, may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b)9.1; or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Outside Date Closing Time or if any such condition is, is or becomes, becomes impossible to satisfy prior to the Outside Datesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, either: (a) terminate this Agreement by notice to the Vendor, as provided in Section 8.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

Condition Not Fulfilled. If any condition in Section 5.1 7.4 has not been fulfilled at or before the Outside Date Date, or if any such condition is, or becomes, impossible to satisfy prior to the Outside Datesatisfy, other than as a result of the failure of the Purchaser to comply with its obligations under this Agreement, then the Purchaser in its sole discretion may, without limiting any rights or remedies available to the Purchaser at law or in equity, may either: (a) terminate this Agreement by notice to the VendorVendors, as provided in Section 8.1(b); or (b) waive compliance with any such condition without prejudice to its right of termination in the event of non-non fulfilment of any other condition.