Common use of By the Purchaser Clause in Contracts

By the Purchaser. This Agreement may be terminated by written notice of termination given by the Purchaser to Seller if a material default should be made by Seller in the observance of or in the due and timely performance by Seller of any of the agreements and covenants of the Seller herein contained, or if there shall have been a material breach by Seller of any of the warranties and representations of the Seller herein contained, or if the conditions of this Agreement to be complied with or performed by Seller at or before the Deposit Date or the Closing Date, as applicable, shall not have been complied with or performed at the time required for such compliance or performance and such noncompliance or nonperformance shall not have been waived by the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cross Continent Auto Retailers Inc M&l)

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By the Purchaser. This Agreement may be terminated by written notice of termination given by the Purchaser to each Seller if a material default should be made by either Seller in the observance of or in the due and timely performance by either Seller of any of the agreements and covenants of the Seller herein contained, or if there shall have been a material breach by either Seller of any of the warranties and representations of the Seller herein contained, or if the conditions of this Agreement to be complied with or performed by Seller Sellers at or before the Deposit Date or the Closing Date, as applicable, shall not have been complied with or performed at the time required for such compliance or performance and such noncompliance or nonperformance shall not have been waived by the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cross Continent Auto Retailers Inc M&l)

By the Purchaser. This Agreement may be terminated by written notice of termination given by the Purchaser to Seller if a material default should be made by Seller in the observance of or in the due and timely performance by Seller of any of the agreements and covenants of the Seller herein contained, or if there shall have been a material breach by Seller of any of the warranties and representations of the Seller herein contained, or if the conditions of this Agreement to be complied with or performed by Seller at or before the Deposit Date or the Closing Date, as applicable, shall not have been complied with or performed at the time required for such compliance or performance and such noncompliance or nonperformance shall not have been waived by the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cross Continent Auto Retailers Inc M&l)

By the Purchaser. This Agreement may be terminated by written notice of termination given by the Purchaser to each Seller if a material default should be made by either Seller in the observance of or in the due and timely performance by either Seller of any of the agreements and covenants of the Seller Sellers herein contained, or if there shall have been a material breach by either Seller of any of the warranties and representations of the Seller Sellers herein contained, or if the conditions of this Agreement to be complied with or performed by Seller Sellers at or before the Deposit Date or the Closing Date, as applicable, shall not have been complied with or performed at the time required for such compliance or performance and such noncompliance or nonperformance shall not have been waived by the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cross Continent Auto Retailers Inc M&l)

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By the Purchaser. This Agreement may be terminated by written notice of termination given by the Purchaser to the Seller if a material default should be made by the Seller in the observance of or in the due and timely performance by Seller of any of the agreements and covenants of the Seller herein contained, or if there shall have been a material breach by the Seller of any of the warranties and representations of the Seller herein contained, or if the conditions of this Agreement to be complied with or performed by Seller at or before the Deposit Date or the Closing Date, as applicable, shall not have been complied with or performed at the time required for such compliance or performance and such noncompliance or nonperformance shall not have been waived by the Purchaser.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cross Continent Auto Retailers Inc M&l)

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