Post by
QUANTUMJUMP on Mar 10, 2016 1:24pm
Clarity
- previous post was meant to confirm that if we had no update tomorrow , it would confirm the $$ is deposited in the escrow acct
- If the money is not deposited as per contract , we will be informed as it is a material change. It being deposited is not a material change
Miscellaneous
(a) Midwestern covenants to pay to Mart (by wire transfer to Mart’s designated account), no
later than 5:00 pm Calgary time on March 10, 2016, the sum of US$1.0 million (the
“Midwestern Payment”). In the event the San Leon Reverse Break Fee becomes due
and payable in accordance with the terms and conditions of the Agreement, the
Midwestern Payment shall be applied as a credit against the San Leon Reverse Break
Fee, such that San Leon shall only be required to pay Mart US$1.2 million in full
satisfaction of its obligations in respect of the payment of the San Leon Reverse Break
Fee. Mart agrees to provide Acquireco an updated estimate of the Mart Unpaid
Transaction Costs after giving effect to the Midwestern Payment by March 17, 2016.
Should Midwestern fail to make the Midwestern Payment by such time, Mart shall be
entitled to immediately terminate this Fourth Amending Agreement upon notice to
Acquireco, Midwestern and San Leon. In such case, the Amendments set out in Section 2
hereof shall be of no further force and effect.