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 Closing Time or if any such condition is or becomes impossible to satisfy, other than as a result solely 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:

Appears in 2 contracts

Samples: Share Purchase Agreement (NovaCopper Inc.), Share Purchase Agreement

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Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Closing Time Outside Date or if any such condition is is, or becomes becomes, impossible to satisfysatisfy prior to the Outside Date, 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:

Appears in 2 contracts

Samples: Confidential Treatment (Novagold Resources Inc), Share Purchase Agreement (Novagold Resources Inc)

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Closing Time (or Outside Date, if applicable) or if any such condition is is, or becomes becomes, impossible to satisfy, 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 discretiondiscretion (subject to Section 5.2(b)), may, without limiting any rights or remedies available to the Purchaser at law or in equity, may either:

Appears in 1 contract

Samples: Share Purchase Agreement

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Closing Time Outside Date or if any such condition is or becomes impossible to satisfy, other than as a result solely of (i) the failure of the Purchaser to comply with its obligations obligations, or (ii) a breach by the Purchaser of its representations and warranties under this AgreementAgreement that has been the cause of or resulted in the failure of the Closing to occur by the Outside Date, 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:

Appears in 1 contract

Samples: Share Purchase Agreement (Manulife Financial Corp)

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Closing Time (or Outside Date, if applicable) or if any such condition is is, or becomes becomes, impossible to satisfy, 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, may, without limiting any rights or remedies available discretion (subject to the Purchaser at law or in equity, Section 5.2(b)) may either:

Appears in 1 contract

Samples: Share Purchase Agreement

Condition Not Fulfilled. If any condition in Section 5.1 6.1 has not been fulfilled at or before the Closing Time Outside Date or if any such condition is is, or becomes becomes, impossible to satisfysatisfy prior to the Outside Date, other than as a result solely of the failure of the Purchaser to comply with its obligations under this Agreement, then provided that the PurchaserPurchaser is not then in breach of this Agreement so as to cause any condition in Section 6.3(1) [Purchaser Representations and Warranties Condition] or Section 6.3(2) [Purchaser Covenants Condition] not to be satisfied, the Purchaser in its sole discretion, may, without limiting any rights or remedies available to the Purchaser at law or in equity, discretion may either:

Appears in 1 contract

Samples: Purchase Agreement (New Gold Inc. /FI)

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Condition Not Fulfilled. If any condition in Section 5.1 7.4 has not been fulfilled at or before the Closing Time Outside Date, or if any such condition is is, or becomes becomes, impossible to satisfy, 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, may, without limiting any rights or remedies available to the Purchaser at law or in equity, discretion may either:

Appears in 1 contract

Samples: Share Purchase Agreement (OUTFRONT Media Inc.)

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Closing Time or if any such condition is or becomes impossible to satisfy, 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:

Appears in 1 contract

Samples: Asset Purchase Agreement (Sand Technology Inc)

Condition Not Fulfilled. If any condition in Section 5.1 has not been fulfilled at or before the Closing Effective Time or if any such condition is is, or becomes becomes, impossible to satisfysatisfy prior to the Effective Time, 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:

Appears in 1 contract

Samples: Share Purchase Agreement (Cadre Holdings, Inc.)

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