Common use of Failure to Complete Sale Clause in Contracts

Failure to Complete Sale. If, at the time of closing, the vendor does not complete the sale for any reason, other than due to the breach of the purchasing party, the purchaser shall have the right to deposit (including by post-dated check) the purchase price for the Shares, Convertible Securities and/or other securities to be purchased and sold for the account of the vendor in an account with the bankers of the Corporation and that deposit shall constitute valid and effective payment of the purchase price to the vendor. Thereafter, the purchaser shall have the right to execute and deliver any deeds, stock transfers, assignments, releases and other documents as may, in the reasonable opinion of the purchaser, be necessary or desirable to complete the transaction. If payment of the purchase price is so deposited, then from and after the date of deposit, notwithstanding that certificates or instruments evidencing the Shares, Convertible Securities and/or other securities may not have been delivered to the purchaser:

Appears in 6 contracts

Samples: Shareholders Agreement, Shareholders Agreement (Francisco Partners GP II Management, LLC), Shareholders Agreement (Matthews Terence H)

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Failure to Complete Sale. If, at the time of closing, the vendor does not complete the sale for any reason, other than due to the breach of the purchasing party, the purchaser shall have the right to deposit (including by post-dated checkcheque) the purchase price for the Shares, Convertible Securities and/or other securities Shares to be purchased and sold for the account of the vendor in an account with the bankers of the Corporation and that deposit shall constitute valid and effective payment of the purchase price to the vendor. Thereafter, the purchaser shall have the right to execute and deliver any deeds, stock transfers, assignments, releases and other documents as may, in the reasonable opinion of the purchaser, be necessary or desirable to complete the transaction. If payment of the purchase price is so deposited, then from and after the date of deposit, notwithstanding that certificates or instruments evidencing the Shares, Convertible Securities Shares and/or other securities may not have been delivered to the purchaser:

Appears in 3 contracts

Samples: Shareholders Agreement (Zarlink Semiconductor Inc), Shareholders Agreement (EdgeStone Capital Equity Fund II - US GP, L.P.), Shareholders Agreement (Power Technology Investment CORP)

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