FAILURE TO FULFILL CONDITIONS PRECEDENT Sample Clauses
FAILURE TO FULFILL CONDITIONS PRECEDENT. In the event that a party fails to fulfill any of the conditions precedent, the other party may (i) terminate this Agreement pursuant to paragraph 11 or (ii) waive the condition precedent and consummate the Contemplated Transaction.
FAILURE TO FULFILL CONDITIONS PRECEDENT. If the conditions precedent in Section 2.2 and Section 2.3 are not fulfilled or waived in a timely manner, either Party may terminate this Agreement by providing the other Party with forty- five (45) Days prior written notice of its intent to terminate this Agreement. Unless the condition for which such notice of termination is given is fulfilled within such 45-Day notice period, this Agreement shall terminate and neither Party shall have any further obligations or liabilities under this Agreement.
FAILURE TO FULFILL CONDITIONS PRECEDENT. In the event that --------------------------------------- any of the conditions precedent to the Lender's obligations to make the initial Loans, as set forth in Section 3.1, is not satisfied on or prior to July 31, 2001, then the Lender's Commitment will automatically expire, and this Agreement will immediately terminate (except for the Borrower's indemnification obligations hereunder which survive termination of the Lender's Commitment), without further action by the Lender.