Investor Breach Sample Clauses

Investor Breach. In the event Investor shall have breached (i) its obligation to effect a purchase of Company Common Stock pursuant to the Stock Purchase Agreement which breach is neither cured nor desisted from within 30 days of receipt of written notice of such breach, or (ii) any of its obligations under this Agreement which breach is neither cured nor desisted from within 30 days of receipt of written notice of such breach and which would reasonably be expected to materially adversely affect the Company, the Company shall no longer be required to perform any of its obligations hereunder.
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Investor Breach. 14 Section 6.14 Confidentiality.................................14 Section 6.15 Public Announcements............................15 THIS AMENDED AND RESTATED STOCKHOLDERS AGREEMENT (this "Agreement"), dated as of October 29, 1997, is made by and between Lazard Freres Real Estate Investors L.L.C., a New York limited liability company (the "Advancing Party"), Prometheus Assisted Living LLC, a Delaware limited liability company (the "Buyer"), and ARV Assisted Living, Inc., a California corporation (the "Company"). Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Stock Purchase Agreement (as hereinafter defined).
Investor Breach. THIS STOCKHOLDERS AGREEMENT (the "Agreement"), dated as of July 14, 1997, is made by and between Lazard Freres Real Estate Investors L.L.C., a New York limited liability company (the "Advancing Party"), Prometheus Assisted Living LLC, a Delaware limited liability company (the "Buyer"), and ARV Assisted Living, Inc., a California corporation (the "Company"). Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Stock Purchase Agreement (as hereinafter defined).
Investor Breach. Except as set forth in Section 11.11 hereof, at any time within one hundred eighty (180) days after Investor's breach of any representation, warranty or covenant under this Agreement which breach, when taken together with all other breaches of Investor, has or is reasonably anticipated to have a Material Adverse Effect on the Company, one or more Subsidiaries or Projects or the AIMCO Members, and if such breach is not cured (x) in the case of a monetary default, within ten (10) Business Days after written notice by the AIMCO Members to Investor; or (y) in the case of a non-monetary default, within thirty (30) days after written notice by the AIMCO Members to Investor; provided, however, that if such non-monetary default cannot be cured within such thirty (30) day period and Investor is diligently and in good faith pursuing such cure, then instead of such thirty (30) day period Investor shall have a reasonable period of time to cure such breach not to exceed ninety (90) days, in which case only the AIMCO Managing Member may be the initiating party with respect to all Projects;
Investor Breach. 16 Section 6.14 Confidentiality.................................17 Section 6.15 Public Announcements............................17 THIS STOCKHOLDERS AGREEMENT (the "Agreement"), dated as of July 14, 1997, is made by and between Lazard Freres Real Estate Investors L.L.C., a New York limited liability company (the "Advancing Party"), Prometheus Assisted Living LLC, a Delaware limited liability company (the "Buyer"), and ARV Assisted Living, Inc., a California corporation (the "Company"). Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Stock Purchase Agreement (as hereinafter defined).

Related to Investor Breach

  • For Breach A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

  • WAIVER OR BREACH It is agreed that a waiver by either party of a breach of any provision of this Agreement shall not operate, or be construed, as a waiver of any subsequent breach by that same party.

  • Remedy for Breach In the event of any actual or threatened breach of any of the provisions of this Section 11 by the Architectural Designer, and in addition to any other remedies that may be available to the School District in law or equity, the School District shall be entitled to a restraining order, preliminary injunction, permanent injunction, or other appropriate relief to specifically enforce the terms of this Section 11. The parties agree that a breach of the terms of this Section 11 by the Architectural Designer would cause the School District injury not compensable in monetary damages alone, and that the remedies provided herein are appropriate and reasonable.

  • Termination for Breach Either Party may terminate this Agreement if the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of prior written notice from such Party thereof.

  • BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser’s obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller’s sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser.

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

  • Other Breaches The breach by such Borrower (other than a breach which constitutes a Default with respect to such Borrower under another Section of this Article VII) of any of the terms or provisions of this Agreement which is not remedied within 15 days (or, in the case of Section 6.9, five Business Days) after the chief executive officer, the chief financial officer, the President, the Treasurer or any Assistant Treasurer of such Borrower obtains actual knowledge of such breach.

  • Other Breach Under Agreement Borrower fails to meet the conditions of, or fails to perform any obligation under, any term of this Agreement not specifically referred to above.

  • Liability for Breach The Grantee hereby indemnifies the Corporation and holds it harmless from and against any and all damages or liabilities incurred by the Corporation (including liabilities for attorneys’ fees and disbursements) arising out of any breach by the Grantee of this Agreement, including, without limitation, any attempted Disposition in violation of Section 2.1 hereof.

  • Breach by Seller In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

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