Common use of Default at Closing Clause in Contracts

Default at Closing. Notwithstanding any other provision of this Agreement, if Ms. Wolfson shall fail or refuse to dxxxxxx xxx of the Royal Oasis Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by Ms. Wolfson, and ECOC at its option axx xxxxxxx prejudice to any of its other 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 Ms. Wolfson. Likewise, if ECOC shall xxxx xx xxfuse to deliver any of the ECOC Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by ECOC, and Ms. Wolfson at its option and without xxxxxxxxx to any of its other 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 ECOC.

Appears in 2 contracts

Samples: Stock Exchange Agreement (Ecom Com Inc), Stock Exchange Agreement (Ecom Com Inc)

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Default at Closing. Notwithstanding any other provision of this Agreement, if Ms. Wolfson Colmenares shall fail or refuse to dxxxxxx tx xxxxxxx xxx of the Royal Oasis Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by Ms. WolfsonColmenares, and ECOC at its option axx optiox xxx xxxxxxx prejudice to any of its other 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 Ms. WolfsonColmenares. Likewise, if ECOC shall shxxx xxxx xx xxfuse to deliver any of the ECOC Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by ECOC, and Ms. Wolfson Colmenares at its option and without withxxx xxxxxxxxx to any of its other 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 ECOC.

Appears in 1 contract

Samples: Stock Exchange Agreement (Ecom Com Inc)

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Default at Closing. Notwithstanding any other provision of this Agreement, if Ms. Wolfson Colmenares shall fail or refuse to dxxxxxx xx xxxxxxx xxx of the Royal Oasis Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by Ms. WolfsonColmenares, and ECOC at its option axx optixx xxx xxxxxxx prejudice to any of its other 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 Ms. WolfsonColmenares. Likewise, if ECOC shall sxxxx xxxx xx xxfuse xefuse to deliver any of the ECOC Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by ECOC, and Ms. Wolfson Colmenares at its option and without witxxxx xxxxxxxxx to any of its other 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 ECOC.

Appears in 1 contract

Samples: Stock Exchange Agreement (Ecom Com Inc)

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