Common use of Breach by the Shareholders Clause in Contracts

Breach by the Shareholders. Nothing in this Section 11 shall limit the Acquiror Company’s right to pursue any appropriate legal or equitable remedy against the Shareholders with respect to any damages from and after the execution of this Agreement, until the expiration of the Survival Period arising, directly or indirectly, from or in connection with: (a) any breach by the Shareholders of any representation or warranty made by the Shareholders in this Agreement or in any certificate delivered by such Shareholders pursuant to this Agreement or (b) any breach by the Shareholders of any covenants or obligation in this Agreement required to be performed by the Acquiror Company or the Acquiror Company Principal Shareholder on or prior to the Closing Date or after the Closing Date. All claims of the Acquiror Company pursuant to this Section 11.2 shall be brought by the Acquiror Company and those Persons who were stockholders of the Acquiror Company immediately prior to the Closing Date.

Appears in 4 contracts

Samples: Share Exchange Agreement (Broadcast Live Digital Corp.), Share Exchange Agreement (Helmer Directional Drilling Corp.), Share Exchange Agreement (Helmer Directional Drilling Corp.)

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Breach by the Shareholders. Nothing in this Section 11 shall limit the Acquiror Company’s right to pursue any appropriate legal or equitable remedy against the Shareholders with respect to any damages from and after the execution of this Agreement, until the expiration of the Survival Period arising, directly or indirectly, from or in connection with: (a) any breach by the Shareholders of any representation or warranty made by the Shareholders in this Agreement or in any certificate delivered by such Shareholders pursuant to this Agreement or (b) any breach by the Shareholders of any covenants or obligation in this Agreement required to be performed by the Acquiror Company or the Acquiror Company Principal Shareholder on or prior to the Closing Date or after the Closing Date. All claims of the Acquiror Company pursuant to this Section 11.2 11.4 shall be brought by the Acquiror Company Principal Shareholder on behalf of the Acquiror Company and those Persons who were stockholders of the Acquiror Company immediately prior to the Closing Date.

Appears in 2 contracts

Samples: Share Exchange Agreement (China Wood, Inc.), Share Exchange Agreement (Timberjack Sporting Supplies, Inc.)

Breach by the Shareholders. Nothing in this Section 11 shall limit the Acquiror Company’s right to pursue any appropriate legal or equitable remedy against the Shareholders any Shareholder with respect to any damages from and after the execution of this Agreement, until the expiration of the Survival Period arising, directly or indirectly, from or in connection with: (a) any breach by the Shareholders such Shareholder of any representation or warranty made by the Shareholders such Shareholder in this Agreement or in any certificate delivered by such Shareholders Shareholder pursuant to this Agreement or (b) any breach by the Shareholders such Shareholder of any covenants or obligation in this Agreement required to be performed by the Acquiror Company or the Acquiror Company Principal Shareholder on or prior to the Closing Date or after the Closing Date. All claims of the Acquiror Company pursuant to this Section 11.2 11.4 shall be brought by the Acquiror Company Principal Shareholder on behalf of the Acquiror Company and those Persons who were stockholders of the Acquiror Company immediately prior to the Closing Date.

Appears in 1 contract

Samples: Share Exchange Agreement (Remediation Services, Inc.)

Breach by the Shareholders. Nothing in this Section 11 10 shall limit the Acquiror Company’s right to pursue any appropriate legal or equitable remedy against the Shareholders any Shareholder with respect to any damages from and after the execution of this Agreement, until the expiration of the Survival Period arising, directly or indirectly, from or in connection with: (a) any breach by the Shareholders such Shareholder of any representation or warranty made by the Shareholders such Shareholder in this Agreement or in any certificate delivered by such Shareholders Shareholder pursuant to this Agreement or (b) any breach by the Shareholders such Shareholder of any covenants or obligation obligation, in this Agreement required to be performed by the Acquiror Company or the Acquiror Company Principal Shareholder on or prior to the Closing Date or after the Closing Date. All claims of the Acquiror Company pursuant to this Section 11.2 10.5 shall be brought by the Acquiror Company Principal Shareholder on behalf of the Acquiror Company and those Persons who were stockholders of the Acquiror Company immediately prior to the Closing Date.

Appears in 1 contract

Samples: Share Exchange Agreement (Stark Beneficial, Inc.)

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Breach by the Shareholders. Nothing in this Section 11 10 shall limit the Acquiror Company’s right to pursue any appropriate legal or equitable remedy against the Shareholders any Shareholder with respect to any damages from and after the execution of this Agreement, until the expiration of the Survival Period arising, directly or indirectly, from or in connection with: (a) any breach by the Shareholders such Shareholder of any representation or warranty made by the Shareholders such Shareholder in this Agreement or in any certificate delivered by such Shareholders Shareholder pursuant to this Agreement or (b) any breach by the Shareholders such Shareholder of any covenants or obligation in this Agreement required to be performed by the Acquiror Company or the Acquiror Company Principal Shareholder on or prior to the Closing Date or after the Closing Date. All claims of the Acquiror Company pursuant to this Section 11.2 10.3 shall be brought by the Acquiror Company Principal Shareholder on behalf of the Acquiror Company and those Persons who were stockholders of the Acquiror Company immediately prior to the Closing Date.

Appears in 1 contract

Samples: Share Exchange Agreement (Emazing Interactive, Inc.)

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