Conditions to Both Parties’ Obligations Sample Clauses
The 'Conditions to Both Parties’ Obligations' clause defines the specific requirements that must be satisfied before either party is required to fulfill their contractual duties. Typically, these conditions might include obtaining necessary regulatory approvals, the absence of legal impediments, or the completion of due diligence. By clearly outlining these prerequisites, the clause ensures that both parties are protected from having to perform under the contract until certain fundamental criteria are met, thereby reducing risk and promoting fairness in the transaction.
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Conditions to Both Parties’ Obligations. The obligations of the parties to consummate the transactions contemplated by this Agreement are subject to the fulfillment prior to or at the Closing of each of the following conditions (any or all of which may be waived by the parties):
Conditions to Both Parties’ Obligations. The obligations of the Company and the Standby Purchasers to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the Rights Offering shall have been consummated in accordance with the terms and conditions described in the Prospectus; and
(ii) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Standby Offering or the transactions contemplated by this Agreement.
Conditions to Both Parties’ Obligations. The respective obligations of the parties hereto to consummate the Closing shall be subject to the satisfaction (or waiver by each party) as of the Closing of the following conditions:
Conditions to Both Parties’ Obligations. The obligations of the parties to consummate the transactions contemplated by this Agreement are subject to the fulfillment prior to or at the Closing of the condition (which may be waived by the parties in accordance herewith) that, on the Closing Date, there shall not be in effect any order issued by a court of competent jurisdiction restraining or prohibiting consummation of the transactions contemplated by this Agreement.
Conditions to Both Parties’ Obligations. The obligations of the Company and each respective Standby Purchaser to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the Rights Offering shall have been consummated in accordance with the terms and conditions described in the prospectus to be filed by the Company with the Securities and Exchange Commission (the “Commission”) in connection with the Rights Offering (the “Prospectus”); and
(ii) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Standby Offering or the transactions contemplated by this Agreement.
Conditions to Both Parties’ Obligations. The obligations of the Company and the Standby Purchaser to consummate the transactions contemplated hereunder in connection with the Equity Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the Equity Offering will be consummated pursuant to separate subscription agreements with other stockholders of the Company exercising their Basic Subscription Privilege concurrently with the Closing of the issuance and sale of the Unsubscribed Shares to the Standby Purchaser pursuant to this Agreement;
(ii) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Equity Offering or the transactions contemplated by this Agreement; and
(iii) there has not been a Material Adverse Effect.
Conditions to Both Parties’ Obligations i. As of the Effective Date, the Parties are studying the potential property taxes on the System that may be assessed by Governmental Authorities. The Parties shall negotiate in good faith to find a mutually agreeable solution regarding such taxes, if any. Such solution shall be documented in an amendment hereto on or before August 14, 2015. Each Party’s obligations under this Agreement are conditioned on the acceptability to such Party of such amendment on or before such date.
Conditions to Both Parties’ Obligations. The obligations of the Trustee, on the one hand, and Purchaser, on the other hand, under this Agreement to consummate the Sale on the Closing Date shall be subject to satisfaction of each of the following conditions, none of which may be waived by either party:
(a) The Bankruptcy Court shall have entered the Approval Order;
(b) The Approval Order shall have become a Final Order. For purposes of this Agreement, the term “Final Order” shall mean that (i) the implementation or operation of the order shall not have been stayed, and (ii) the time to appeal, petition for certiorari or move for reargument or rehearing shall have expired, and no appeal, petition for certiorari or motion for reargument or rehearing shall then be pending or, in the event that an appeal, writ of certiorari, reargument or rehearing thereof has been sought, such order shall have been determined by the highest court to which such order was appealed, or certiorari, reargument or rehearing was sought, shall have been denied and the time to take any further appeal, petition for certiorari or move for reargument or rehearing shall have expired; and
Conditions to Both Parties’ Obligations. The obligations of the Company and each of the Investors to consummate the transactions contemplated hereunder in connection with the Rights Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the Rights Offering shall be consummated in accordance with the terms and conditions described in the Prospectus; and
(ii) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Rights Offering or the transactions contemplated by this Letter.
Conditions to Both Parties’ Obligations. The obligations of the parties to consummate the transactions contemplated by this Agreement are subject to the fulfillment prior to or at the Closing of each of the following conditions (any or all of which may be waived in writing by the parties):