Common use of Seller's Failure to Perform Clause in Contracts

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date any of the conditions specified in Article VII hereof have not been satisfied (and remain so unsatisfied for more than ten (10) days after the Purchaser has notified the Porters in writing thereof) or if either the Seller or the Company is otherwise in default in any material respect under this Agreement (and remains in default for more than ten (10) days after the Purchaser has notified the Porters in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either the Seller or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, VI or VII hereof,

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date any of the conditions specified in Article VII hereof have not been satisfied (and remain so unsatisfied for more than ten (10) days after the Purchaser has notified the Porters Seller in writing thereof) or if either the Seller or the Company is otherwise in default in any material respect under this Agreement (and remains in default for more than ten (10) days after the Purchaser has notified the Porters Seller in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either the Seller or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, IV or VI or VII hereof,

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date any of the conditions specified in Article VII hereof have not been satisfied (and remain so unsatisfied for more than ten (10) days after the Purchaser has notified the Porters Sellers in writing thereof) or if either any of the Seller Sellers or the Company is are otherwise in default in any material respect under this Agreement (and remains in default for more than ten (10) days after the Purchaser has notified the Porters Sellers in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either any of the Seller Sellers or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, VI or VII hereof,

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date any of the conditions specified in Article VII hereof have not been reasonably satisfied (and remain so unsatisfied for more than ten thirty (1030) days after the Purchaser has notified the Porters Seller in writing thereof) or if either the Seller or the Company is otherwise in default in any material Material respect under this Agreement (and remains in default for more than ten thirty (1030) days after the Purchaser has notified the Porters Seller in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either the Seller or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, VI or VII hereof,

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date any of the conditions specified in Article VII hereof have not been satisfied (and remain so unsatisfied for more than ten (10) days after the Purchaser has notified the Porters Sellers in writing thereof) or if either any of the Seller Sellers or the Company is are otherwise in default in any material Material respect under this Agreement (and remains in default for more than ten (10) days after the Purchaser has notified the Porters Sellers in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either any of the Seller Sellers or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, VI or VII hereof,

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date any of the conditions specified in Article VII hereof have not been satisfied (and remain so unsatisfied for more than ten twenty (1020) days after the Purchaser has notified the Porters Sellers in writing thereof) or if either any of the Seller Sellers or the Company is are otherwise in default in any material respect under this Agreement (and remains in default for more than ten twenty (1020) days after the Purchaser has notified the Porters Sellers in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either any of the Seller Sellers or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, VI or VII hereof,

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date any of the conditions specified in Article VII hereof have not been satisfied (and remain so unsatisfied for more than ten (10) days after the Purchaser has notified the Porters Seller in writing thereof) or if either any of the Seller or the Company is are otherwise in default indefault in any material respect under this Agreement (and remains in default for more than ten (10) days after the Purchaser has notified the Porters theSeller in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either any of the Seller or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, VI or VII hereof,.

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date (i) the Purchaser is not in material default and (ii) any of the conditions specified in Article VII hereof have not been satisfied (and remain so unsatisfied for more than ten (10) days after the Purchaser has notified the Porters Belch Sisters in writing thereof) or if either the Seller or the Company is otherwise in default in any material respect under this Agreement (and remains in default for more than ten (10) days after the Purchaser has notified the Porters Belch Sisters in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either the Seller or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, VI or VII hereof,

Seller's Failure to Perform. By the Purchaser if as of the --------------------------- Closing Date any of the conditions specified in Article VII hereof have not been satisfied (and remain so unsatisfied for more than ten (10) days after the Purchaser has notified the Porters Seller in writing thereof) or if either the Seller or the Company is otherwise in default in any material respect under this Agreement (and remains in default for more than ten (10) days after the Purchaser has notified the Porters Seller in writing of such default) or if at any time prior to the Closing Date it becomes apparent to the Purchaser (on reasonable grounds) that either the Seller or the Company will be unable to satisfy one or more of the representations and warranties in Article II hereof or one or more of the covenants or agreements in Articles IV, VI or VII hereof,, and Company or the Seller is unable to demonstrate to the Purchaser's satisfaction, within ten (10) days after receiving written notice thereof, its ability to satisfy such representation, warranty, covenant or agreement.