Common use of Seller’s Default; Failure of Conditions Clause in Contracts

Seller’s Default; Failure of Conditions. (a) This Agreement may be terminated by Buyer prior to the Closing if (i) any of the conditions precedent to Buyer’s obligations set forth in Section 5.2 have not been satisfied or waived by Buyer on or prior to the Closing Date or (ii) there is a material breach or default by any Seller in the performance of its obligations under this Agreement of which Buyer has provided Sellers written notice of and Sellers have failed to cure within five (5) Business Days of such notice (but in all events such material breach or default is not cured prior to the Closing Date, if earlier), provided that Sellers shall not be entitled to such notice and opportunity to cure for failure to cause the sale of the Assets on the Closing Date.

Seller’s Default; Failure of Conditions. (a) This Agreement may be terminated by Buyer prior to the Closing if (i) any of the conditions precedent to Buyer’s obligations set forth in Section 5.2 have not been satisfied or waived by Buyer on or prior to the Closing Date or (ii) there is a material breach or default by any Seller in the performance of its obligations under this Agreement of which Buyer has provided Sellers Seller written notice of and Sellers have Seller has failed to cure within five fifteen (515) Business Days of such notice (but in all events such material breach or default is not cured prior to the Closing Date, if earlier), provided that Sellers Seller shall not be entitled to such notice and opportunity to cure for failure to cause the sale of the Assets Asset on the Closing Date.

Seller’s Default; Failure of Conditions. (a) This Agreement may be terminated by Buyer prior to the Closing if (i) any of the conditions precedent to Buyer’s obligations set forth in Section 5.2 have not been satisfied or waived by Buyer on or prior to the Closing Date or (ii) there is a material breach or default by any Seller in the performance of its obligations under this Agreement of which Buyer has provided Sellers written notice of and Sellers have failed to cure within five fifteen (515) Business Days of such notice (but in all events such material breach or default is not cured prior to the Closing Date, if earlier), provided that Sellers shall not be entitled to such notice and opportunity to cure for failure to cause the sale of the Assets on the Closing Date.