Common use of Seller’s Defaults Clause in Contracts

Seller’s Defaults. Seller shall be deemed to be in default ----------------- under this Agreement, if in respect to the transaction contemplated by this Agreement, on or before the Closing, Seller shall have failed to meet, comply with, or perform any covenant, agreement, or obligation on its part required in this Agreement, within the time limits and in the manner required in this Agreement, for any reason other than a default by Buyer hereunder or termination of this Agreement prior to Closing pursuant to the express terms and conditions hereof.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Prentiss Properties Trust/Md), Purchase and Sale Agreement (Prentiss Properties Trust/Md), Purchase and Sale Agreement (Prentiss Properties Trust/Md)

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Seller’s Defaults. Seller shall be deemed to be in ------------------ default ----------------- under this Agreement, if in respect to the transaction contemplated by this Agreement, on or before the Closing, Seller shall have failed to meet, comply with, or perform any covenant, agreement, or obligation on its part required in this Agreement, within the time limits and in the manner required in this Agreement, for any reason other than a default by Buyer hereunder or termination of this Agreement prior to Closing pursuant to the express terms and conditions hereof.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Prentiss Properties Trust/Md), Purchase and Sale Agreement (Prentiss Properties Trust/Md), Purchase and Sale Agreement (Prentiss Properties Trust/Md)

Seller’s Defaults. Seller shall be deemed considered to be in default ----------------- under this Agreement, hereunder if in respect to the transaction contemplated by this Agreement, on or before the Closing, Seller shall have failed fails to meet, comply with, or perform any material covenant, agreement, representation, warranty or obligation on its part required in this Agreement, within the time limits and in the manner required in this AgreementContract, for any reason other than a default and such failure was not caused by Buyer hereunder or termination of this Agreement prior to Closing pursuant to the express terms and conditions hereofPurchaser's default.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ml Macadamia Orchards L P), Asset Purchase Agreement (Ml Macadamia Orchards L P)

Seller’s Defaults. Seller Sellers shall be deemed considered to be in default ----------------- under this Agreement, hereunder prior to Closing if in respect to the transaction contemplated by this Agreement, on or before the Closing, any Seller shall have failed fails to meet, comply with, or perform any material covenant, agreement, or obligation on its part required in this Agreement, within the time limits and in the manner required in this Agreement, for any reason other than a default such failure was not preceded by Buyer hereunder or termination of this Agreement prior to Closing pursuant to the express terms and conditions hereofPurchaser's default.

Appears in 1 contract

Samples: Asset Purchase Agreement (Koo Koo Roo Inc/De)

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Seller’s Defaults. Seller shall be deemed to be in default ----------------- under this Agreement, if in respect to the transaction contemplated by this Agreement, on or before the Closing, Seller shall have failed to meet, comply with, or perform any covenant, agreement, or obligation on its part required in this Agreement, within the time limits and Agreement in the manner required in event Seller fails or refuses to perform Seller’s obligations under this Agreement, Agreement for any reason other than a default by Buyer hereunder Purchaser, or a permitted termination by Seller under other provisions of this Agreement prior to Closing pursuant to the express terms and conditions hereofAgreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Spansion Inc.)

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