Failure to Satisfy Sample Clauses

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Failure to Satisfy. In the event that the Premises do not satisfy the terms of subparagraphs (a), (b) or (c) of Paragraph 1.7 above and such failure to satisfy (a "Premises Failure") exists on or after April 15, 1995 (which shall not include a Premises Failure that is directly caused by either (a) a Force Majeure Event or (b) any unreasonable act or failure to act by MTVA (including without limitation and for illustration purposes only, a Premises Failure relating to MTVA's approval rights set forth in Paragraph 4.1(b) below) or (c) any other event not within 4MCA's control (including without limitation and for illustration purposes only, (i) reasonably unforeseen delays in the delivery of any Equipment listed on SCHEDULE D or (ii) the reasonably unforeseen failure of the Landlord to act ---------- regarding the installation of certain equipment by the Landlord pursuant to the Lease or (iii) delays (which delays are reasonably unforeseen as of the date hereof, or thereafter are unforeseen in the exercise by 4MCA of all reasonable efforts) in the granting of appropriate required licenses and/or permits by the appropriate local authorities, so long as 4MCA has taken all necessary actions to obtain such required licenses and permits)), and the Premises Failure continues to exist as of May 15, 1995 (the "Penalty Date"), then 4MCA shall be in material breach of this Agreement and MTVA shall have the right, among other remedies available to it hereunder or at law or equity, to terminate this Agreement forthwith and MTVA shall have no obligation to 4MCA of any nature whatsoever (other than MTVA's pre-commencement payment obligations to 4MCA under Paragraph 1.10 hereunder, if applicable).
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Failure to Satisfy. In the event (a) that on or before 5:00 p.m. (EST) on the Escrow Date (i) the Company shall have failed to satisfy the conditions set forth in Section 7 above (other than the satisfaction of the conditions set forth in Sections 7(a)(i) and (xi) above) or (ii) such Buyer shall have failed to satisfy the conditions set forth in Section 6 above (other than the satisfaction of the condition set forth in Sections 6(a)(ii) above) and the nonbreaching party has failed to waive such unsatisfied condition(s), or (b) the Closing shall not have occurred with respect to any Buyer on or before May 3, 2005 due to the Company's failure to satisfy the conditions set forth in Sections 7(a)(i) and (xi) above and the nonbreaching party has failed to waive such unsatisfied condition(s), the nonbreaching party shall have the option to terminate this Agreement with respect to such breaching party at the close of business on such date; provided, however, this if this Agreement is terminated pursuant to this Section 8, the Company (other than a termination due to a breach of this Agreement by SAC) shall remain obligated to reimburse SAC for the expenses described in Section 4(g)(ii) above.
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Failure to Satisfy. Paragraph 9.1
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Failure to Satisfy. If a condition to a party's obligations under this Contract is not either satisfied or waived by such party in writing, then such party may, in addition to any other remedies which such party may have with respect thereto, terminate this Contract by written notice given to the other on or before the Closing Date, whereupon the Title Company shall immediately return the Earn▇▇▇ ▇▇▇ey to Purchaser without requiring any consent or notice from the other party hereto, and upon such return of the Earn▇▇▇ ▇▇▇ey, this Contract shall be null and void and neither party hereto shall have any further rights against, or obligations to, the other under this Contract except as expressly provided herein.
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Failure to Satisfy. (a) If the Recipient fails to satisfy any Precondition (which has not been waived by the State) on or before the Preconditions Satisfaction Date, the State may terminate this Agreement with immediate effect by written notice to the Recipient. (b) Termination of this Agreement under clause 3.2(a) will not affect any rights or obligations which may have accrued prior to termination, including in respect of any prior breach.
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Failure to Satisfy. If a condition to a party's obligations under this Contract is not either satisfied or waived by such party in writing, then such party may, in addition to any other remedies which such party may have with respect thereto, terminate this Contract by written notice given to the other on or before the Closing Date, and either party shall be entitled to all remedies available in the Commonwealth of Kentucky, including without limitation injunction, specific performance and damages.
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Failure to Satisfy. If, notwithstanding Borrower's failure to ------------------ satisfy all conditions precedent to the obtaining of the Loan, Bank nevertheless makes the Loan, the making of the Loan shall not constitute a waiver of the unfulfilled condition or conditions nor any Event of Default caused by such failure.
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Failure to Satisfy. In connection with any Exemption that is subject to this Section 3 and for which the condition in Section 3(a) has not been satisfied, Sunbury will be required to comply with the then applicable CRA Statute, including but not limited to, providing notices to Big Walnut and DACC and obtaining approval from Big Walnut for the Exemption, as well as complying (if applicable) with Ohio Revised Code Section 5709.82.
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Failure to Satisfy. (a) Subject to the provisions of Section 9, in the event that on or before the end of business on August 19, 2005 or such earlier date that Dolphin and the Company shall have designated as the Initial Closing Date and notified each Other Party thereof at least three Business Days prior thereto, (i) the Company shall have failed to satisfy the conditions set forth in Section 7(a) above with respect to the Initial Closing or (ii) any Buyer shall have failed to satisfy the conditions set forth in Section 6(a) above with respect to the Initial Closing (other than the satisfaction of the condition set forth in Section 6(a)(ii)) and the non-breaching party has failed to waive such unsatisfied condition, then the non-breaching party shall have the option to terminate this Agreement with respect to such breaching party at the close of business on such date. (b) Subject to the provisions of Section 9, in the event that on or before the end of business on October 31, 2005 or such earlier date that Dolphin and the Company shall have designated as the Second Closing Date and notified each Other Party thereof at least three Business Days prior thereto, (i) the Company shall have failed to satisfy the conditions set forth in Section 7(b) above with respect to the Second Closing or (ii) any Buyer shall have failed to satisfy the conditions set forth in Section 6(b) above with respect to the Initial Closing (other than the satisfaction of the condition set forth in Section 6(b)(ii)) and the non-breaching party has failed to waive such unsatisfied condition, then the non-breaching party shall have the option to terminate this Agreement with respect to such breaching party at the close of business on such date.
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Related to Failure to Satisfy

  • Failure to Satisfy Conditions If the Secured Party or its Custodian fails to satisfy any conditions for holding Posted Collateral, then upon a demand made by the Pledgor, the Secured Party will, not later than five Local Business Days after the demand, Transfer or cause its Custodian to Transfer all Posted Collateral held by it to a Custodian that satisfies those conditions or to the Secured Party if it satisfies those conditions.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Failure to Satisfy Conditions Precedent If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.