Seller’s Remedies. Upon the failure by Buyer to fulfill or perform any undertaking, commitment, or obligation provided for herein on the part of Buyer that is required to be fulfilled on or prior to the Closing Date, Seller, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any rights or remedies available at law or in equity.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Allegheny Energy Inc), Purchase and Sale Agreement (Allegheny Energy Inc), Purchase and Sale Agreement (Allegheny Energy Supply Co LLC)
Seller’s Remedies. Upon (i) Notwithstanding anything herein to the contrary, upon the failure by Buyer to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of Buyer that is required to be fulfilled on or prior to the Closing Date, Seller, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any rights or remedies available at law or in equity.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (British Energy PLC), Purchase and Sale Agreement (British Energy PLC), Purchase and Sale Agreement (Commonwealth Edison Co)
Seller’s Remedies. Upon Notwithstanding anything herein to the contrary, upon the failure by Buyer to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of Buyer that is required to be fulfilled on or prior to August 31, 2001 (August 24, 2001 in the Closing Datecase of the condition described in Section 8.1(h)) for closing, Seller, at its sole option, may (i) enforce 45 specific performance of this Agreement or (ii) pursue any rights or remedies available at law or in equity.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Black Hills Power Inc), Purchase and Sale Agreement (Black Hills Corp /Sd/)
Seller’s Remedies. Upon Notwithstanding anything herein to the contrary, upon the failure by Buyer to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of Buyer that is required to be fulfilled on or prior to the Closing Date, Seller, at its sole option, may (i) enforce specific performance of terminate this Agreement or (ii) pursue any rights or remedies available at law or in equity, subject to the limitations set forth herein.
Appears in 1 contract
Samples: Securities Purchase Agreement
Seller’s Remedies. Upon Notwithstanding anything herein to the contrary, upon the failure by Buyer to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of Buyer that is required to be fulfilled on or prior to the Closing Date, Seller, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any rights or remedies available at law or in equity.
Appears in 1 contract
