Common use of Termination by Reason of Breach Clause in Contracts

Termination by Reason of Breach. This Agreement may be terminated by the Seller, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Seller or the failure of the Seller to perform any condition or obligation hereunder.

Appears in 6 contracts

Samples: Asset Purchase Agreement (West Coast Entertainment Corp), Asset Purchase Agreement (West Coast Entertainment Corp), Asset Purchase Agreement (West Coast Entertainment Corp)

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Termination by Reason of Breach. This Agreement may be terminated by the Seller, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, ; and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Seller or the failure of the Seller to perform any condition or obligation hereunder.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Focus Enhancements Inc), Purchase and Sale Agreement (Focus Enhancements Inc)

Termination by Reason of Breach. This Agreement may be terminated by the SellerSellers, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any material condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Seller Sellers or the Principals or the failure of the Seller Sellers to perform any material condition or obligation hereunder.

Appears in 2 contracts

Samples: Asset Purchase Agreement (West Coast Entertainment Corp), Asset Purchase Agreement (West Coast Entertainment Corp)

Termination by Reason of Breach. This Agreement may be terminated by the Seller, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Seller or the failure of the Seller to perform any condition or obligation hereunder.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Choices Entertainment Corp), Asset Purchase Agreement (Airport Systems International Inc)

Termination by Reason of Breach. This Agreement may be terminated by the Seller, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Seller or the failure of the Seller to perform any condition or obligation hereunder.to

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ascent Pediatrics Inc), Asset Purchase Agreement (Ascent Pediatrics Inc)

Termination by Reason of Breach. This Agreement may be ------------------------------- terminated by the Seller, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Seller or the failure of the Seller to perform any condition or obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nucycle Therapy Inc)

Termination by Reason of Breach. This Agreement may be terminated by Company if, at any time prior to the SellerClosing, there shall occur a breach of any of the representations, warranties or covenants of Buyer or the failure by Buyer to perform any condition or obligation hereunder, and may be terminated by Buyer if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of Company and/or the Buyer Shareholders or the failure by of Company and/or the Buyer Shareholders to perform perform, when due to be performed, any condition or obligation hereunder. In the event of such termination by agreement, Buyer shall have no further obligation or liability to Company under this Agreement, and may be terminated by Company and the Buyer, if at any time prior Shareholders shall have no further obligation or liability to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Seller or the failure of the Seller to perform any condition or obligation hereunderBuyer under this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ergobilt Inc)

Termination by Reason of Breach. This Agreement may be ------------------------------- terminated by the SellerCompany or the Stockholders, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and . The Agreement may be terminated by the Buyer, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Seller Stockholders or the Company or the failure of the Seller Stockholders or the Company to perform any condition or obligation hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (On Technology Corp)

Termination by Reason of Breach. This Agreement may be terminated by the SellerCompany and the Stockholder, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and . This Agreement may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Seller Company and the Stockholder or the failure of the Seller Company and the Stockholder to perform any condition or obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Home Director Inc)

Termination by Reason of Breach. This Agreement may be terminated by the Seller, Company if at any time prior to the Closing there shall occur (i) a material breach of any of the representations, warranties or covenants of the Buyer or the (ii) a failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur (x) a material breach of any of the representations, warranties or covenants of the Seller Company or the (y) a failure of the Seller Company to perform any condition or obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Healthgate Data Corp)

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Termination by Reason of Breach. This Agreement may be terminated by the SellerCompany, the Parent or the Seller if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, Buyer if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Company, the Parent or the Seller or the failure of by the Company, the Parent or the Seller to perform any condition or obligation hereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Brooktrout Inc)

Termination by Reason of Breach. This Agreement may be terminated by the Seller, Sellers if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Seller Sellers, the Company or the failure of the Seller Sellers, or the Company to perform any condition or obligation hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Airport Systems International Inc)

Termination by Reason of Breach. This Agreement may be ------------------------------- terminated by the SellerCompany, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer Investor or the failure by the Buyer Investor to perform any condition or obligation hereunder, and may be terminated by the BuyerInvestor, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Seller Company or the failure of the Seller Company to perform any condition or obligation hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (C-Bridge Internet Solutions Inc)

Termination by Reason of Breach. This Agreement may be terminated by the Seller, if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any material condition or obligation hereunder, and may be terminated by the Buyer, Buyer if at any time prior to the Closing there shall occur a material breach of any of the representations, warranties or covenants of the Seller or the failure of the Seller to perform any material condition or obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Careinsite Inc)

Termination by Reason of Breach. This Agreement may be terminated by the SellerSellers, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the Buyer or the failure by the Buyer to perform any condition or obligation hereunder, and may be terminated by the Buyer, if at any time prior to the Closing there shall occur a breach of any of the representations, warranties or covenants of the any Seller or Principal or the failure of the any Seller or Principal to perform any condition or obligation hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (West Coast Entertainment Corp)

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