SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the provisions of clause 1, this clause 2, clause 3, clause 4, clause 6, clause 13, clause 16, clause 22 (other than clauses 23.3.3 and 23.4) and clauses 24, clause 25 and clauses 27 to 40 (both inclusive), which shall be of immediate force and effect on the Signature Date, is subject to the fulfilment of the suspensive condition, that by not later than 16 December 2013 the Subscription Agreement has been implemented save for the issuance by Platmin of the Additional BBKT IBMR Consideration Shares to BBKT and the payment of the Guaranteed Amounts. 2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible. 2.3 The Suspensive Condition has been inserted for the benefit of all of the Parties who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1 (or extended in accordance with clause 2.4). 2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated in clause 2.1 (or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or dates), the provisions of this Agreement save for clause 1, this clause 2, clause 4, clause 22 (other than clauses 23.3.3 and 23.4), clause 24, clause 25 and clauses 27 to 40 (both inclusive) which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none of the Parties will have any claim against any other in terms hereof or arising from the failure of the Suspensive Conditions, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Date.
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SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the preamble and the provisions of clause 1, this clause 2, clause 35.2, clause 4, clause 6, clause 13, clause 16, clause 22 (other than clauses 23.3.3 and 23.4) and clauses 6 to 24, clause 25 and clauses 27 to 40 (both inclusive), which shall be of immediate force and effect on the Signature Date, is subject to the fulfilment of the following suspensive condition, that by not no later than 16 15 December 2013 2013, the Subscription BPJV Shareholders Agreement has been implemented save for terminated in accordance with the issuance by Platmin of the Additional BBKT IBMR Consideration Shares to BBKT and the payment of the Guaranteed AmountsConsolidation Agreements.
2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible.
2.3 The Suspensive Condition has been inserted for the benefit of all of both the Parties Parties, who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause clauses 2.1 (or such time period as extended in accordance with clause 2.4).
2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated relevant dates for fulfilment thereof set out in clause 2.1 (or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or dates), the provisions of this Agreement Agreement, save for clause 1, this clause 2, clause 4, 6 and clause 22 (other than clauses 23.3.3 and 23.4), clause 12 to 24, clause 25 and clauses 27 to 40 (both inclusive) which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none neither of the Parties will have any claim against any the other in terms hereof or arising from the failure of the Suspensive ConditionsCondition, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Fulfilment Date.
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SUSPENSIVE CONDITION. 2.1 The whole of this 4.1 This entire Agreement, other than save for the provisions of this clause 4 and of clauses 1, this clause 2, clause 310, clause 411, clause 612, clause 13, clause 14, 15, 16, clause 22 (other than clauses 23.3.3 17 and 23.4) and clauses 24, clause 25 and clauses 27 to 40 (both inclusive), 18 which shall be of immediate force and effect on the Signature Dateeffect, is subject to the fulfilment of the suspensive condition, that by not later than 16 December 2013 the Subscription Agreement has been implemented save for the issuance by Platmin of the Additional BBKT IBMR Consideration Shares to BBKT and the payment of the Guaranteed Amounts.
2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible.
2.3 The Suspensive Condition has been inserted for the benefit of all of the Parties who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1 (on or extended in accordance with clause 2.4).
2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated in clause 2.1 (before 22 April 2005, or such later other date or dates as may be agreed in writing between the Parties on or before that date, that the aforesaid Sale of Shares Agreement is signed by the parties thereto and becomes unconditional in accordance with its terms by the fulfilment or (to the extent capable of waiver) waiver of any suspensive conditions provided for therein (other than any suspensive condition which requires that this Agreement is signed and becomes unconditional).
4.2 The Parties shall, where it is within their respective power to do so, use their respective reasonable commercial endeavours to procure the fulfilment of the Suspensive Condition as soon as reasonably possible after the Signature Date.
4.3 The Suspensive Condition is not capable of waiver.
4.4 In the event that the Suspensive Condition is not fulfilled on or before 22 April 2005, or such other date as may be agreed in writing between the Parties on or dates)before that date, then this Agreement, save for the provisions of this Agreement save for clause 4 and of clauses 1, this clause 2, clause 410, clause 22 (other than clauses 23.3.3 11, 12, 13, 14, 15, 16, 17 and 23.4), clause 24, clause 25 and clauses 27 to 40 (both inclusive) 18 which will shall remain of full force and effect, will shall never become of any force or effect and the status quo ante will be restored as near as may be possible and none of the Parties will no Party shall have any claim against any other in terms hereof Party for anything done hereunder or arising from the failure of the Suspensive Conditionsherefrom, save for any claims arising from as a breach result of clause 2.2 and/or any prior a breach of any of the provisions of this Agreement which became effective prior clause 4 by any Party, and the Parties shall be restored to the Effective Datestatus quo ante.
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Sources: Harmony Option Agreement (Harmony Gold Mining Co LTD)
SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the provisions of clause 1, this clause 2, clause 3, clause 4, clause 6, clause 13, clause 16, clause 22 (other than clauses 23.3.3 and 23.4) and clauses 24, clause 25 and clauses 27 5 to 40 15 (both inclusive), which shall be of immediate force and effect on the Signature Date, is subject to the fulfilment of the suspensive condition, that by not later than 16 15 December 2013 the Subscription suspensive condition to the Relationship Agreement has been implemented save for the issuance by Platmin of the Additional BBKT IBMR Consideration Shares to BBKT and the payment of the Guaranteed Amountsfulfilled.
2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible.
2.3 The Suspensive Condition has been inserted for the benefit of all of the Parties who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1 (or extended in accordance with clause 2.4).
2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated in clause 2.1 (or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or dates), the provisions of this Agreement save for clause 1, this clause 2, clause 4, clause 22 (other than clauses 23.3.3 and 23.4), clause 24, clause 25 2 and clauses 27 5 to 40 15 (both inclusive) which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none of the Parties will have any claim against any other in terms hereof or arising from the failure of the Suspensive ConditionsCondition, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Date.
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SUSPENSIVE CONDITION. 2.1 The whole of this Agreement, other than the provisions of clause 1, this clause 2, clause 3, clause 4, clause 6, clause 13, clause 16, clause 22 (other than clauses 23.3.3 and 23.4) and clauses 24, clause 25 and clauses 27 5 to 40 15 (both inclusive), which shall be of immediate Immediate force and effect on the Signature Date, is subject to the fulfilment of the suspensive condition, that by not later than 16 15 December 2013 the Subscription suspensive condition to the Relationship Agreement has been implemented save for the issuance by Platmin of the Additional BBKT IBMR Consideration Shares to BBKT and the payment of the Guaranteed Amountsfulfilled.
2.2 Forthwith after the Signature Date, the Parties shall use their respective reasonable endeavours and co-operate in good faith to procure the fulfilment of the Suspensive Condition, to the extent that it is within their power to do so, as expeditiously as reasonably possible.
2.3 The Suspensive Condition has been inserted for the benefit of all of the Parties who will be entitled to waive fulfilment of same by written agreement prior to the expiry of the relevant time period set out in clause 2.1 (or 2.1(or extended in accordance with clause 2.4).
2.4 Unless the Suspensive Condition has been fulfilled or waived by not later than the date contemplated in clause 2.1 (or 2.1(or such later date or dates as may be agreed in writing between the Parties before the aforesaid date or dates), the provisions of this Agreement save for clause 1, this clause 2, clause 4, clause 22 (other than clauses 23.3.3 and 23.4), clause 24, clause 25 2 and clauses 27 5 to 40 15 (both inclusive) which will remain of full force and effect, will never become of any force or effect and the status quo ante will be restored as near as may be possible and none of the Parties will have any claim against any other in terms hereof or arising from the failure of the Suspensive ConditionsCondition, save for any claims arising from a breach of clause 2.2 and/or any prior breach of any of the provisions of this Agreement which became effective prior to the Effective Date.
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