Common use of By Purchaser Clause in Contracts

By Purchaser. (i) if the Company shall have failed to perform in any material respect any of its obligations hereunder or shall have breached in any respect any representation or warranty contained herein qualified by materiality or shall have breached in any material respect any representation or warranty not so qualified, and the Company has failed to perform such obligation or cure such breach, within 30 days of its receipt of written notice thereof from Purchaser, and such failure to perform shall not have been waived in accordance with the terms of this Agreement;

Appears in 4 contracts

Samples: Investment Agreement (Us Office Products Co), Investment Agreement (Cd&r Investment Associates Ii Inc), Investment Agreement (Millennium Pharmaceuticals Inc)

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By Purchaser. (i) if the Company shall have failed to perform in any material respect any of its obligations hereunder or shall have breached in any respect any representation or warranty contained herein qualified by materiality or shall have breached in any material respect any representation or warranty not so qualified, and the Company has failed to perform such obligation or cure such breach, within 30 days of its receipt of written notice thereof from Purchaser, and such failure to perform shall not have been waived in accordance with the terms of this Agreement;; or

Appears in 2 contracts

Samples: Stock Purchase Agreement (Curagen Corp), Investment Agreement (Millennium Pharmaceuticals Inc)

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By Purchaser. (i) if the Company shall have failed to perform in any material respect any of its obligations hereunder or shall have breached in any respect any representation or warranty contained herein qualified by materiality or shall have breached in any material respect any representation or warranty not so qualified, and the Company has failed to perform such obligation or cure such breach, within 30 three days of its receipt of written notice thereof from Purchaser, and such failure to perform shall not have been waived in accordance with the terms of this Agreement;; or

Appears in 2 contracts

Samples: Investment Agreement (Us Office Products Co), Investment Agreement (Cd&r Investment Associates Ii Inc)

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