Common use of Failure of Closing to Occur Clause in Contracts

Failure of Closing to Occur. In the event that (i) WCS or SHW shall breach any of the terms or conditions of this Agreement, (ii) WRL or WRIL shall breach any of the terms or conditions of this Agreement, or (iii) the Closing shall not have occurred on or before November 28, 2004, WRL and WRIL (in the case of (i) or (iii)) and each of WCS and SHW (in the case of (ii) or (iii) shall have the ability to exercise any or all of the following rights, in their sole and absolute discretion: (A) to terminate this Agreement, in which case all arrangements among the Parties existing before the signing of this Agreement shall remain in effect; (B) to take any and all action under any or all of this Agreement and the WRMHL Shareholders’ Agreement; and (C) all other legal or equitable rights or remedies available to it.

Failure of Closing to Occur. In the event that (i) WCS or SHW SKKG shall breach any of the terms or conditions of this Agreement, (ii) WRL or WRIL shall breach any of the terms or conditions of this Agreement, or (iii) the Closing shall not have occurred on or before November 28, 2004, WRL and WRIL (in the case of (i) or (iii)) and each of WCS and SHW SKKG (in the case of (ii) or (iii) shall have the ability to exercise any or all of the following rights, in their sole and absolute discretion: (A) to terminate this Agreement, in which case all arrangements among the Parties existing before the signing of this Agreement shall remain in effect; (B) to take any and all action under any or all of this Agreement and the WRMHL Shareholders’ Agreement; and (C) all other legal or equitable rights or remedies available to it.

Failure of Closing to Occur. In the event that (i) WCS KYM or SHW AT shall breach any of the terms or conditions of this Agreement, (ii) WRL or WRIL shall breach any of the terms or conditions of this Agreement, or (iii) the Closing shall not have occurred on or before November 28, 2004, WRL and WRIL (in the case of (i) or (iii)) and each of WCS KYM and SHW AT (in the case of (ii) or (iii) shall have the ability to exercise any or all of the following rights, in their sole and absolute discretion: (A) to terminate this Agreement, in which case all arrangements among the Parties existing before the signing of this Agreement shall remain in effect; (B) to take any and all action under any or all of this Agreement and the WRMHL Shareholders’ Agreement; and (C) all other legal or equitable rights or remedies available to it.

Failure of Closing to Occur. In the event that (i) WCS KYM or SHW CW shall breach any of the terms or conditions of this Agreement, (ii) WRL or WRIL shall breach any of the terms or conditions of this Agreement, or (iii) the Closing shall not have occurred on or before November 28, 2004, WRL and WRIL (in the case of (i) or (iii)) and each of WCS KYM and SHW CW (in the case of (ii) or (iii) shall have the ability to exercise any or all of the following rights, in their sole and absolute discretion: (A) to terminate this Agreement, in which case all arrangements among the Parties existing before the signing of this Agreement shall remain in effect; (B) to take any and all action under any or all of this Agreement and the WRMHL Shareholders’ Agreement; and (C) all other legal or equitable rights or remedies available to it.