Common use of Expenses if No Closing Clause in Contracts

Expenses if No Closing. If the Closing does not occur and the transactions contemplated hereby are not consummated, then, subject to the right of a non-defaulting party to recover damages, costs and expenses from a defaulting party pursuant to Section 12.2, all costs and expenses incurred in connection with this Agreement shall be paid by the person incurring such expenses, i.e., by the Purchaser if incurred by Purchaser, by any Stockholder if incurred by the Stockholder and by the Company if incurred by the Company, except as may otherwise be agreed in writing.

Expenses if No Closing. If the Closing does not occur and the transactions contemplated hereby are not consummated, then, subject to the right of a non-defaulting party to recover damages, costs and expenses from a defaulting party pursuant to Section 12.213.2, all costs and expenses incurred in connection with this Agreement shall be paid by the person incurring such expenses, i.e., by the Purchaser Buyer if incurred by Purchaser, Buyer and by any Stockholder Seller if incurred by the Stockholder and by the Company if incurred by the Company, except as may otherwise be agreed in writingSeller.

Expenses if No Closing. If the Closing does not occur and ------------ ---------------------- the transactions contemplated hereby are not consummated, then, subject to the right of a non-defaulting party to recover damages, costs and expenses from a defaulting party pursuant to Section 12.212.2 and except as provided in Section 3.3, all costs and expenses incurred in connection with this Agreement shall be paid by the person incurring such expenses, ; i.e., by the Purchaser if incurred by Purchaser, Purchaser and by any Stockholder Seller if incurred by the Stockholder and by the Company if incurred by the Company, except as may otherwise be agreed in writingSeller.

Expenses if No Closing. If the Closing does not occur and the transactions contemplated hereby are not consummated, then, subject to the right of a non-defaulting party to recover damages, costs and expenses from a defaulting party pursuant to Section 12.214.2, all costs and expenses incurred in connection with this Agreement shall be paid by the person incurring such expenses, i.e., by the Purchaser Buyer if incurred by Purchaser, Buyer and by any Stockholder Seller if incurred by Seller or the Stockholder and by the Company if incurred by the Company, except as may otherwise be agreed in writingPartnership.

Expenses if No Closing. If the Closing does not occur and the transactions contemplated hereby are not consummated, then, subject to the right of a non-defaulting party to recover damages, costs and expenses from a defaulting party pursuant to Section 12.212.1, all costs and expenses incurred in connection with this Agreement shall be paid by the person incurring such expenses, ; i.e., by the Purchaser Xxxxxxx if incurred by Purchaser, Xxxxxxx and by any Stockholder Shareholders if incurred by the Stockholder and by the Company if incurred by the Company, except as may otherwise be agreed in writingShareholders.