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 Sellers in writing thereof) or if any of the Sellers or the Company 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 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 any of the 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,

Appears in 2 contracts

Samples: Stock Purchase Agreement (MJD Communications Inc), Stock Purchase Agreement (Fairpoint Communications Inc)

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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 Sellers Porters in writing thereof) or if any of either the Sellers Seller or the Company are 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 Sellers 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 any of either the Sellers 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,

Appears in 2 contracts

Samples: Consulting Agreement (MJD Communications Inc), Consulting Agreement (MJD Communications Inc)

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 Sellers Seller in writing thereof) or if any of either the Sellers Seller or the Company are 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 Sellers 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 any of either the Sellers 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,

Appears in 2 contracts

Samples: Escrow Agreement (MJD Communications Inc), Escrow Agreement (MJD Communications Inc)

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 Sellers Seller in writing thereof) or if any of either the Sellers Seller or the Company are 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 Sellers 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 any of either the Sellers 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,

Appears in 1 contract

Samples: Escrow Agreement (MJD Communications Inc)

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 Sellers in writing thereof) or if any of the Sellers or the Company 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 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 any of the 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,

Appears in 1 contract

Samples: Escrow Agreement (Fairpoint Communications Inc)

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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 Sellers in writing thereof) or if any of the Sellers or the Company 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 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 any of the 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,

Appears in 1 contract

Samples: Stock and Membership Interest (Fairpoint Communications Inc)

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 Sellers Seller in writing thereof) or if any of either the Sellers Seller or the Company are 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 Sellers 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 any of either the Sellers 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.

Appears in 1 contract

Samples: Escrow Agreement (MJD Communications Inc)

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 Sellers Seller in writing thereof) or if any of the Sellers Seller or the Company 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 Sellers 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 any of the Sellers 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,.

Appears in 1 contract

Samples: Stock Purchase Agreement (Fairpoint Communications Inc)

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