Common use of Effect of Termination; Right to Proceed Clause in Contracts

Effect of Termination; Right to Proceed. (a) In the event of termination of this Agreement by the Seller, on the one hand, or the Purchaser, on the other hand, as provided in Section 6.1, this Agreement forthwith shall become null and void and there shall be no liability on the part of the Seller or the Purchaser, except that upon termination of this Agreement pursuant to: (i) Section 6.1(b), the Purchaser shall have no further obligation to the Seller under this Agreement or otherwise, except with respect to the agreements contained in Sections 4.6, 4.7 and 4.8; and (ii) Section 6.1(c), the Seller shall remain liable to the Purchaser for any misrepresentation or breach of warranty or nonfulfillment of or failure to perform any covenant or agreement of the Seller existing at the time of such termination, and in such event the Purchaser may seek such remedies, including Losses against the Seller with respect to any such breach as are provided in this Agreement or as are otherwise available at Law or in equity and, without limiting the generality of the foregoing, the Seller shall reimburse the Purchaser for all costs and expenses resulting from any such breach. (b) The agreements contained in Sections 4.6, 4.7 and 4.8 shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Asta Funding Inc), Stock Purchase Agreement (American Vantage Companies)

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Effect of Termination; Right to Proceed. (a) In the event of termination of this Agreement by the Seller, on the one hand, or the Purchaser, on the other hand, as provided in Section 6.1, this Agreement forthwith shall become null and void and there shall be no liability on the part of the Seller Seller, the Purchaser or the PurchaserParent, except that upon termination of this Agreement pursuant to: (i) Section 6.1(b), the Purchaser shall have no further obligation to the Seller under this Agreement or otherwise, except with respect to the agreements contained in Sections 4.6, 4.7 and 4.8; and (ii) Section 6.1(c), the Seller shall remain liable to the Purchaser for any misrepresentation or breach of warranty or nonfulfillment of or failure to perform any covenant or agreement of the Seller existing at the time of such termination, and in such event the Purchaser may seek such remedies, including Losses against the Seller with respect to any such breach as are provided in this Agreement or as are otherwise available at Law or in equity and, without limiting the generality of the foregoing, the Seller shall reimburse the Purchaser for all costs and expenses resulting from any such breach. (b) The agreements contained in Sections 4.6, 4.7 and 4.8 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pick Communications Corp)

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Effect of Termination; Right to Proceed. (a) In the event of termination of this Agreement by the SellerSellers, on the one hand, or the Purchaser, on the other hand, as provided in Section 6.1, this Agreement forthwith shall become null and void and there shall be no liability on the part of the Seller Sellers or the Purchaser, except that upon termination of this Agreement pursuant to: (i) Section 6.1(b), the Purchaser shall have no further obligation to the Seller Sellers under this Agreement or otherwise, except with respect to the agreements contained in Sections 4.6, 4.7 and 4.8; and (ii) Section 6.1(c), the Seller Sellers shall remain liable to the Purchaser for any misrepresentation or breach of warranty or nonfulfillment of or failure to perform any covenant or agreement of the Seller Sellers existing at the time of such termination, and in such event the Purchaser may seek such remedies, including Losses against the Seller Sellers with respect to any such breach as are provided in this Agreement or as are otherwise available at Law or in equity and, without limiting the generality of the foregoing, the Seller Sellers shall reimburse the Purchaser for all costs and expenses resulting from any such breach. (b) The agreements contained in Sections 4.6, 4.7 4.7, and 4.8 and Articles VII and VIII shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Asta Funding Inc)

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