Common use of Non-Satisfaction/Waiver Clause in Contracts

Non-Satisfaction/Waiver. 13.7.1 Each Party shall give notice to the other Party of the satisfaction of any of the Exchange Offer Conditions set out in Clause 13.5 above within two (2) Business Days of becoming aware of the same. 13.7.2 The Exchange Offer Conditions set out in Clauses 13.5 (i), (ii), (vii), (viii) and (ix) cannot be waived by any of the Parties. The Exchange Offer Condition set out in Clause 13.5 (iii), (iv), (v), (vi), (x), (xi), (xii) and (xiii) are for the sole benefit of AF and may be waived, subject to Legal Requirements, at any time in whole or in part by notice in writing to KL, provided however, that AF shall not be entitled to waive without the written consent of KL the Exchange Offer Condition set out in Clause 13.5 (iii) if the number of KL Securities validly tendered and not withdrawn, in accordance with the terms of the Exchange Offer, prior to the Lapsing Date represent less than 50 per cent of the total number of KL Securities. The Exchange Offer Conditions set out in Clause 13.5 (xiv) and (xv) are for the sole benefit of KL and may be waived, subject to Legal Requirements, by KL at any time by notice in writing to AF.