The court may have been influenced by the three-year delay, but it is worth noting both that the policy's notification clause was not described as a condition precedent
and that other clauses in the policy were expressly described as conditions precedent.
However, the court recast the obligation as being subject to a condition precedent
, stating that the obligation under the note "would not arise unless and until [Karns] materially breached" the supply agreement.
With respect to condition precedent
(ii) above, concurrent with the execution of the pre-acquisition agreement the Offeror entered into a support agreement with Olympus, a Cayman Island based private investment fund which owns approximately 46.
Femern A/S has now signed the Contract, including the terms relevant to the Condition Precedent
, with the Preferred Bidder.
In these recent rulings however, the Service has made clear its view that the rule enunciated in General Dynamics does not make the filing and approval of a claim a condition precedent
in all cases.
However, there can be no assurance that this condition precedent
will be satisfied and, accordingly, no assurance can be given that the Amended Plan will be successfully implemented or implemented on the terms and conditions of the Amended Plan.
The amendment to the PeterStar Agreement, which was executed on July 8, 2005, eliminates a condition precedent
to the closing of the sale that called for a vote by holders of a majority of the Company's issued and outstanding common stock.
According to the Condition Precedent
, the Contract does not come into full force and effect until the Owner serves a notice with a works commencement date following the German Plan Approval having been obtained (or the Danish Ministry of Transport and Building decides to start the works regardless), and the Contract will automatically lapse no later than 1 January 2022 (the Contract has several possibilities of lapsing earlier) if the Condition Precedent
has not been fulfilled by then.
The conversion is a condition precedent
to the proposed merger of Westcorp's subsidiary, WFS Financial (Nasdaq:WFSI) into the bank.
According to this condition precedent
the contract does not come into full force and effect until the Owner serves a notice with a works commencement date following the German Plan Approval having been obtained (or the Danish Ministry of Transport and Building decides to start the works regardless) and the contract will automatically lapse no later than 1.
In addition, Globopar will pay to Bradesplan, as a condition precedent
to the effectiveness of the exchange, the amount of R$ 0.