CONDITIONS FOR THE CLOSING Sample Clauses

CONDITIONS FOR THE CLOSING. The Purchaser's obligation to purchase the Property: [ ] Shall NOT be conditioned upon the Purchaser's ability to obtain, or the Purchaser's receipt of, financing of any kind. [ ] Shall be conditioned upon the Purchaser’s ability to obtain financing.

CONDITIONS FOR THE CLOSING. The Buyer's obligation to purchase the Asset(s): [ ] Shall NOT be conditioned upon the Buyer's ability to obtain, or the Buyer's receipt of, financing of any kind. [ ] Shall be conditioned upon the Buyer’s ability to obtain financing. This transaction shall be closed during normal business hours on _______________ [date of closing] (hereinafter, the “Closing Date”) or as agreed between the Parties. Any extension of the Closing must be agreed upon, in writing, by Buyer and Seller. The Closing shall take place at _______________________________, or at such other place as the Parties shall mutually agree. Additionally, all costs associated with the Closing shall be the responsibility of: [ ] the Buyer [ ] the Seller [ ] both parties bearing their own expenses.

CONDITIONS FOR THE CLOSING. The obligation of MAAC and MAALP to consummate the Closing is subject to the fulfillment, at or prior to the Closing, of each of the following conditions precedent, and the failure to satisfy any such condition precedent shall excuse and discharge all obligations of MAAC and MAALP to carry out the provisions of this Agreement unless such failure is waived in writing by MAAC and MAALP; provided, however, that to the extent that the failure of any condition shall relate to (i) a matter described in Sections 6.13, 6.14, 6.15 or 7.6 and the affected Property is deemed an Excluded Property pursuant to said provisions or (ii) any other matter relating to a Property (including, without limitation, the failure of FDC to obtain any required consents), then the affected Property shall be designated as an Excluded Property pursuant to Section 6.16 hereof, provided the Defective Property Basket is not exceeded, and such matter shall not constitute a failure to satisfy any condition precedent relating thereto.

CONDITIONS FOR THE CLOSING. The obligation of FDC to consummate and to cause the Property Partnerships to consummate the Closing is subject to the fulfillment, at or prior to the Closing, of each of the following conditions precedent, and the failure to satisfy any such condition precedent shall excuse and discharge all obligations of FDC to carry out the provisions of this Agreement unless such failure is waived in writing by FDC:

CONDITIONS FOR THE CLOSING. Prior to or on the Date of the Closing, the Parties have complied with (or obtained a waiver from the Party benefited therefrom), each one of the following Conditions: (i) The representations and warranties of the Parties contained in this Agreement shall be correct as of the Date of the Closing, in all material respects; and comply with all the stipulations set forth in this document that the Parties must carry out on, or prior to, or commencing from, the Date of the Closing. (ii) As of the Date of the Closing there shall be no demand, investigation, action or other material proceeding, either actual or pending, against CRISTALERIAS, ANDINA, Crowpla or Multipack, before any court or administrative instance that, in the reasonable opinion of counsel to either Party, may result in a restriction or prohibition from entering into the Business, or in the acquisition of an indemnity against any of the Parties in connection with this Agreement, or in the formation of the transactions contemplated in this Agreement. (iii) On the Date of the Closing, and as a condition to the formation of the Business in accordance with this Agreement, CRISTALERIAS and ANDINA shall have to execute a Shareholders Pact which is attached to this Agreement as Annex 2.6. (iv) As of the Date of the Closing, the Board of Directors of Crowpla shall be formed by 6 members: three of who shall be designated by CRISTALERIAS and the remaining three shall be designated by ANDINA. (v) That Crowpla maintains in effect a contract for the supply of containers and pre-forms with Embonor S.A. and its affiliate companies, in form that is acceptable to ANDINA, which guarantees to Crowpla (and consequently to CMF) the right to provide a permanent and constant supply of containers and pre-forms to Embonor S.A., for a period of no less than 10 years from October 1, 1997, with a return of 15% on the investment necessary to produce the containers and pre-forms. (vi) That CMF shall have entered into, on the Date of the Closing, the PET Container Supply Agreements with ANDINA (for OW and REF-PET) and with its affiliate company Vital S.A. (for OW) that guarantees to ANDINA the maintenance of a permanent and constant supply of containers, for a period of no less than 7 years. (vii) The granting of any authorization that may be necessary for the execution of this Agreement, of the other agreements indicated in this Agreement or for the transfer of any property among the Assets of Multipack and the Assets of Crow...

CONDITIONS FOR THE CLOSING. (a) The obligation of the Purchaser to purchase the Securities at the Closing under this Agreement shall be subject to the fulfillment, at or prior to the Closing of each of the following conditions, any of which, to the extent permitted by applicable laws, may be waived by the Purchaser: (i) The Business Combination shall be consummated substantially concurrently with the purchase of the Securities; (ii) The Company shall have delivered to the Purchaser a certificate evidencing the Company’s or, if applicable, Parent’s, good standing as a Cayman Islands company; (iii) The representations and warranties of the Company set forth in Section 3 of this Agreement shall have been true and correct as of the date hereof and shall be true and correct as of the Forward Closing Date, as applicable, with the same effect as though such representations and warranties had been made on and as of such date (other than any such representation or warranty that is made by its terms as of a specified date, which shall be true and correct as of such specified date), except where the failure to be so true and correct would not have a material adverse effect on the Company or its ability to consummate the transactions contemplated by this Agreement; (iv) The Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the Closing; (v) No order, writ, judgment, injunction, decree, determination, or award shall have been entered by or with any governmental, regulatory, or administrative authority or any court, tribunal, or judicial, or arbitral body, and no other legal restraint or prohibition shall be in effect, preventing the purchase by the Purchaser of the Securities; (vi) No amendment or modification of the terms of the Business Combination, in the form most recently provided by the Company prior to the execution by the Purchaser of a Purchase Notice, shall have occurred that would reasonably be expected to materially and adversely affect the economic benefits that the Purchaser would reasonably expect to receive under this Agreement without having received Purchaser’s prior written consent (not to be unreasonably withheld, conditioned or delayed); (vii) There shall not have occurred any suspension of the Securities for sale or trading on the Exchange and, to the Company’s knowledge, no proceedings for any such purp...

CONDITIONS FOR THE CLOSING. Each party shall use all -------------------------- reasonable efforts to cause all conditions for the Closing to be met.

CONDITIONS FOR THE CLOSING