Effect of Failure to Close. If the Closing of the transactions contemplated herein does not occur for any reason, then the rights and obligations of the Parties hereunder shall terminate without any Liability of any Party to any other Party.
Effect of Failure to Close. The rights of RIGI and the Parent to consummate the transaction contemplated by this Agreement shall terminate if RIGI and the Parent fail to consummate the Agreement on the Closing Date as herein provided.
Effect of Failure to Close. For the avoidance of doubt, notwithstanding anything to the contrary in this Article 13, nothing herein shall prohibit any Party from suing another or limit the amount of recovery for breach of contract as a result of the other failing to consummate the transactions described in this Agreement upon the satisfaction or waiver of its conditions precedent to Closing.
Effect of Failure to Close. The obligations under Sections 9.01 -------------------------- and 9.02 shall continue for a period of three years after the date of this Agreement.
Effect of Failure to Close. Without prejudice to Article 8, failure to consummate the Closing on the date and time and at the place determined pursuant to Section 7.1 will not automatically result in the termination of this agreement and will not relieve any Party of any obligation under this agreement.
Effect of Failure to Close. The following provisions shall apply in -------------------------- the event Closing shall not occur as and when provided herein (a "Closing Failure").
Effect of Failure to Close. Subject to the provisions of Section 2.3 hereof, failure to consummate the Transaction on the date contemplated by Section 2.1(a) hereof will not result in the termination of this Agreement and will not relieve any party of any obligation hereunder.
Effect of Failure to Close. If any condition in Section 4.1 or Section 4.2 shall not have been fulfilled at or before the Closing, or if the Closing has not occurred by March 31, 2000, then the Party entitled to the benefit of such condition may, in its sole discretion, without limiting any rights or remedies available to Seller at law or in equity, either:
Effect of Failure to Close. The rights of RISCI and the Parent to consummate the transaction contemplated by this Agreement shall terminate if RISCI and the Parent fail to consummate the Agreement on the Closing Date as herein provided.
Effect of Failure to Close. In the event that the Closing shall not occur as described herein on or prior to the Closing Date, except for such changes or delays as the Purchasers may expressly waive at or before Closing, this Agreement shall have no effect whatsoever on the status of the Convertible Debentures or the Company's obligations thereunder, or on any of the Funding Agreements, which shall continue according to their terms, as amended or modified prior to the date hereof. Furthermore, in such event, and if the Company does not obtain the approval of its shareholders as required under Section 6.13 of the Credit Agreement within ninety (90) days after this Agreement ceases to have effect pursuant to this Section 1.6, the Company shall have a period of thirty (30) days during which to seek a waiver from the Nasdaq Stock Market from any applicable shareholder approval requirements, failing which the Company shall take such action as shall be necessary to cause its common stock to be delisted from the Nasdaq SmallCap Market and shall thereafter honor all conversions of the Convertible Debentures without regard to the 20% limitation described in Section 6.13 of the Credit Agreement. To the extent the Company honors such conversion, the Company's obligation to pay liquidated or other monetary damages under Section 6.13 of the Credit Agreement shall be proportionally discharged.
