Common use of Defaults Permitting Termination Clause in Contracts

Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article 19. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 4 contracts

Samples: Business Services Asset Purchase Agreement (Chequemate International Inc), Cinemaworks Asset Purchase Agreement (Chequemate International Inc), United Business Services Asset Purchase Agreement (Chequemate International Inc)

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Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article 19addition to other rights and remedies. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five (5) days after the Closing Date, unless the specified default or defaults default have been cured on or before this effective date for termination.

Appears in 2 contracts

Samples: Asset Purchase Agreement (New York Regional Rail Corp), Asset Purchase Agreement (New York Regional Rail Corp)

Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on or prior to the Closing Date give notice of termination of this Agreement, in the manner provided in Article 1918. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five seven days after the Closing Dategiving of such notice, unless the specified default or defaults have been cured on or before this the effective date for termination.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Fibreboard Corp /De), Asset Purchase Agreement (Ski LTD)

Defaults Permitting Termination. If either Buyer or Seller Selling Parties materially defaults default in the due and timely performance of any of its their warranties, covenants, or agreements under this Agreementagreement, the non-defaulting nondefaulting party or parties may on the Closing Date closing date give notice of termination of this Agreementagreement, in the manner provided in Article 19paragraph 27. The notice shall will specify with particularity the default or defaults on which the notice is based. The termination shall will be effective five seven days after the Closing Dateclosing date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale (Essxsport Corp), Agreement for Purchase and Sale (Essxsport Corp)

Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its or their warranties, covenants, or agreements under this Agreementagreement, the non-non defaulting party or parties may on the Closing Date closing date give notice of termination of this Agreementagreement, in the manner provided in Article 19this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Stock Purchase Agreement (Majestic Companies LTD)

Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its representations, warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article 1918. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five three (3) business days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Asset Purchase Agreement (Proxymed Inc /Ft Lauderdale/)

Defaults Permitting Termination. If either Buyer or Seller materially ------------------------------- defaults in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article 19. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Cinemaworks Asset Purchase Agreement (Cinema Internet Networks Inc)

Defaults Permitting Termination. If either Buyer or Seller Selling Parties materially defaults default in the due and timely performance of any of its warranties, covenants, their warranties or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date closing date give notice of termination of this Agreement, in the manner provided in Article 19. The notice shall will specify with particularity the default or defaults on which the notice is based. The termination shall will be effective five (5) days after the Closing Dateclosing date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Agreement for Purchase and Sale of Stock (American Fire Retardant Corp)

Defaults Permitting Termination. If either Buyer or Seller Selling Parties materially defaults default in the due and timely performance of any of its or their warranties, covenants, or agreements under this Agreementagreement, the non-defaulting nondefaulting party or parties may on the Closing Date give notice of termination of this Agreementagreement, in the manner provided in Article 19Seventeen. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Reorganization Agreement (Compressent Corp)

Defaults Permitting Termination. If either Buyer or Seller materially defaults default in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting nondefaulting party or parties may on the he Closing Date give notice of termination of this Agreement, in the manner provided in Article 19XVII. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five (5) days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Colmena Corp)

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Defaults Permitting Termination. If either a Buyer or Seller materially defaults in the due and timely performance of any of its material warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article ARTICLE 19. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days on the first to occur of the 10th day after such notice or the Closing Date, unless the specified default or defaults have been cured on or before this effective date for terminationby such time.

Appears in 1 contract

Samples: Security Agreement (New Frontier Media Inc /Co/)

Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article 1920. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Nordic Lites Asset Purchase Agreement (Dynatec International Inc)

Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article 1917. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chequemate International Inc)

Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting nondefaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article 19section 14 (e). The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days after the Closing Date, unless the specified default or defaults have been cured on or before this effective date for terminationdate.

Appears in 1 contract

Samples: Agreement (Franklin Lake Resources Inc /Nv)

Defaults Permitting Termination. If either Buyer Purchaser or Seller materially defaults in the due and timely performance of any of its warranties, covenants, or agreements under this Agreement, the non-defaulting nondefaulting party or parties may on the Closing Date give notice of termination of this Agreement, in the manner provided in Article 19Section 18. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five days after the Closing DateClosing, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Agreement for Purchase and Sale of Assets (Net Value Holdings Inc)

Defaults Permitting Termination. If either Buyer or Seller materially defaults in the due and timely performance of any of its their warranties, covenants, or agreements under this Agreement, the non-defaulting party or parties may on the Closing Date closing date give notice of termination of this Agreement, in the manner provided in Article 19paragraph 20. The notice shall specify with particularity the default or defaults on which the notice is based. The termination shall be effective five (5) days after the Closing Dateclosing date, unless the specified default or defaults have been cured on or before this effective date for termination.

Appears in 1 contract

Samples: Engagement Agreement (Surge Global Energy, Inc.)

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