All Terms to be Conditions. The Corporation agrees that the conditions contained in paragraph 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure to comply with any of the conditions set out in paragraph 10 (except subparagraph 10(i)) shall entitle the Agent to terminate its obligation to complete the Offering, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that the Agent may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Agent in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agent any such waiver or extension must be in writing and signed by the Agent.
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All Terms to be Conditions. The Corporation agrees that the conditions contained in paragraph 10 Sections 8 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable best efforts to cause all such conditions to be complied with. Any breach or failure to comply with any of the conditions set out them (including those in paragraph 10 (except subparagraph 10(i)) shall Sections 8) will entitle the Agent Agents (or any one of them) to terminate its obligation their obligations to complete arrange for the Offering, purchase of the Offered Securities by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that the Agent Agents may waive, in whole or in part, or extend extent the time for compliance with, any of such terms and conditions without prejudice to the rights of the Agent Agents in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agent Agents, any such waiver or extension must be in writing and signed by the Agentwriting.
Appears in 1 contract
Sources: Agency Agreement
All Terms to be Conditions. The Corporation agrees that the conditions contained in paragraph 10 Section 2.8 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable efforts to cause all such conditions to be complied withCorporation. Any breach or failure to comply with any of the conditions set out in paragraph 10 (except subparagraph 10(i)) Section 2.8 shall entitle the Agent each Agent, at its sole option, to terminate and cancel, without any liability on the part of such Agent or on the part of the other Agents, all of its obligation to complete the Offeringobligations under this Agreement, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that the Agent Agents may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Agent Agents in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the an Agent any such waiver or extension must be in writing and signed by the such Agent.
Appears in 1 contract
All Terms to be Conditions. The Corporation agrees that the conditions contained in paragraph 10 Section 12 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable efforts to cause all such conditions to be complied withCorporation. Any breach or failure to comply with any of the conditions set out contained in paragraph 10 (except subparagraph 10(i)) Section 12 shall entitle the Agent Agent, at its sole option, to terminate and cancel, without any liability on the part of the Agent and the Purchasers, all of its obligation to complete the Offeringobligations (and those of any Purchasers arranged by it) under this Agreement, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that the Agent may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Agent in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agent an Agent, any such waiver or extension must be in writing and signed by the Agent.
Appears in 1 contract
Sources: Agency Agreement
All Terms to be Conditions. The Corporation agrees that the all terms and conditions contained in paragraph 10 will of this Agreement shall be construed as conditions and complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation, and the Corporation and that it will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure by the Corporation to comply with any of the such conditions set out in paragraph 10 (except subparagraph 10(i)) shall entitle each of the Agent Agents to terminate its obligation their respective obligations to complete purchase the OfferingOffered Units, by written notice to that effect given to the Corporation at or prior to the Closing TimeTime of Closing. It is understood that each of the Agent Agents may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the its rights of the Agent in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the an Agent any such waiver or extension must be in writing and signed by the such Agent.
Appears in 1 contract
Sources: Agency Agreement
All Terms to be Conditions. The Corporation agrees that the all terms and conditions contained in paragraph 10 will of this Agreement shall be construed as conditions and complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation, and the Corporation and that it will use its commercially reasonable efforts to cause all such conditions to be complied with. Any breach or failure by the Corporation to comply with any of the such conditions set out in paragraph 10 (except subparagraph 10(i)) shall entitle each of the Agent Agents to terminate its obligation to complete the Offeringtheir respective obligations under this Agreement, by written notice to that effect given to the Corporation at or prior to the Closing TimeTime of Closing. It is understood that each of the Agent Agents may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the its rights of the Agent in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the an Agent any such waiver or extension must be in writing and signed by the such Agent.
Appears in 1 contract
Sources: Agency Agreement (Fairfax Financial Holdings LTD/ Can)
All Terms to be Conditions. The Corporation agrees that the conditions contained in paragraph section 10 will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Corporation and that it will use its commercially reasonable best efforts to cause all such conditions to be complied with. Any breach or failure to comply with any of the conditions set out in paragraph section 10 (except subparagraph 10(i)) shall entitle the Agent Agents (or any of them) to terminate its their obligation to complete arrange for the Offeringsale of the Offered Units, by written notice to that effect given to the Corporation at or prior to the Closing Time. It is understood that the Agent Agents may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Agent Agents in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on the Agent Agents any such waiver or extension must be in writing and signed by the Agentwriting.
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