Common use of Default at Closing Clause in Contracts

Default at Closing. Notwithstanding the provisions hereof, if Xxxxxx shall fail or refuse to deliver any of the Shares, or shall fail or refuse to consummate the transaction described in this Agreement prior to the Closing Date, such failure or refusal shall constitute a default by Xxxxxx and Cyberbotanical at its option and without prejudice to its rights against such defaulting party, may either (a) invoke any equitable remedies to enforce performance hereunder including, without limitation, an action or suit for specific performance, or (b) terminate all of its obligations hereunder with respect to Xxxxxx.

Default at Closing. Notwithstanding the provisions hereof, if Xxxxxx Xxxxxxx shall fail or refuse to deliver any of the Shares, or shall fail or refuse to consummate the transaction described in this Agreement prior to the Closing Date, such failure or refusal shall constitute a default by Xxxxxx Xxxxxxx and Cyberbotanical CyberAmerica at its option and without prejudice to its rights against such defaulting party, may either (a) invoke any equitable remedies to enforce performance hereunder including, without limitation, an action or suit for specific performance, or (b) terminate all of its obligations hereunder with respect to XxxxxxXxxxxxx.