Common use of Failure to Close Clause in Contracts

Failure to Close. This Agreement will automatically terminate on December 1, 1999, if the Closing shall not have occurred on or before such date, unless the parties shall have otherwise agreed in writing prior to such date. No party will be liable in damages to any other party as a result of termination pursuant to this Article 17 unless the failure of the Closing was due to the failure of such party to comply with the terms of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\), Asset Purchase Agreement (Rush Enterprises Inc \Tx\)

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Failure to Close. This Agreement will automatically terminate on December 1October 31, 19991998, if the Closing shall not have occurred on or before such date, unless the parties shall have otherwise agreed in writing prior to such date. No party will be liable in damages to any other party as a result of termination pursuant to this Article 17 Section 18.3 unless the failure of the Closing was due to the failure of such party to comply with the terms of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)

Failure to Close. This Agreement will automatically terminate on December 131, 19991996, if the Closing shall not have occurred on or before such date, unless the parties shall have otherwise agreed in writing prior to such date. No party will be liable in damages to any other party as a result of termination pursuant to this Article 17 SECTION 19.5 unless the failure of the Closing was due to the failure of such party to comply with the terms of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Edisto Resources Corp)

Failure to Close. This Agreement will automatically terminate at the end of the day on December 131, 19991996, if the Closing shall not have occurred on or before such date, unless the parties shall have otherwise agreed in writing prior to such date. No party will be liable in damages to any other party as a result of termination pursuant to this Article 17 Section 17.3 unless the failure of the Closing was due to the failure of such party to comply with the terms of this Agreement.Agreement or the failure of a party to close the transaction if all conditions had otherwise been satisfied. [signatures on next page]

Appears in 1 contract

Samples: Asset Purchase Agreement (Ponder Industries Inc)

Failure to Close. This Agreement will automatically terminate on December February 1, 19992000, if the Closing shall not have occurred on or before such date, unless the parties shall have otherwise agreed in writing prior to such date. No party will be liable in damages to any other party as a result of termination pursuant to this Article 17 unless the failure of the Closing was due to the failure of such party to comply with the terms of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)

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Failure to Close. This Agreement will automatically terminate on December 1October 31, 1999, if the Closing shall not have occurred on or before such date, unless the parties shall have otherwise agreed in writing prior to such date. No party will be liable in damages to any other party as a result of termination pursuant to this Article 17 Section unless the failure of the Closing was due to the failure of such party to comply with the terms of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)

Failure to Close. This Agreement will automatically terminate on December 1October 15, 19991997, if the Closing shall not have occurred on or before such date, unless the parties shall have otherwise agreed in writing prior to such date. No party will be liable in damages to any other party as a result of termination pursuant to this Article 17 unless the failure of the Closing was due to the failure of such party to comply with the terms of this Agreement.a

Appears in 1 contract

Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)

Failure to Close. This Agreement will automatically terminate on December 1January 15, 19992000, if the Closing shall not have occurred on or before such date, unless the parties shall have otherwise agreed in writing prior to such date. No party will be liable in damages to any other party as a result of termination pursuant to this Article 17 ARTICLE 14 unless the failure of the Closing was due to the failure of such party to comply with the terms of this Agreement.

Appears in 1 contract

Samples: Plan of Merger and Acquisition Agreement (Tristar Corp)

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