Common use of Conditions to Buyer's Performance Not Met Clause in Contracts

Conditions to Buyer's Performance Not Met. By Buyer upon written notice to Seller if any event occurs which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Align Rite International Inc), Asset Purchase Agreement (Intersil Corp)

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Conditions to Buyer's Performance Not Met. By Buyer upon by written notice to Seller if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 6.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event6.2.

Appears in 2 contracts

Samples: Stock Purchase Agreement (General Inspection Laboratories Inc), Stock Purchase Agreement (Watkins Johnson Co)

Conditions to Buyer's Performance Not Met. By Buyer upon written notice to Seller if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions Closing contemplated by this Agreement as set forth in Section 8.1 Article VII and Buyer is not in material breach of its representations, warranties or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the eventcovenants set forth herein.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Affiliated Computer Services Inc), Stock Purchase Agreement (Affiliated Computer Services Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon written notice to Seller if any event occurs which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event8.2.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Image Entertainment Inc), Asset Purchase Agreement (Image Entertainment Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon by written notice to Seller if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 or 8.2 Sections 7.1 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event7.2.

Appears in 2 contracts

Samples: Stock Purchase Agreement (TPG Advisors IV, Inc.), Stock Purchase Agreement (Telecom Italia S P A)

Conditions to Buyer's Performance Not Met. By Buyer upon by written notice to Seller if any event occurs which that would render impossible the satisfaction satisfaction, on or before the day then reasonably estimated by Buyer and Seller to be the Termination Date, of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the eventAgreement.

Appears in 2 contracts

Samples: Purchase Agreement (BKR Inc), Purchase Agreement (Response Usa Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon written notice to Seller Sellers if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions Closing contemplated by this Agreement as set forth in Section 8.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the eventARTICLE VII.

Appears in 1 contract

Samples: Share and Publication Rights Purchase Agreement (Telecomunicaciones De Puerto Rico Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon by written ----------------------------------------- notice to Seller the Principal Sellers if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 6.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event6.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Wyle Electronics)

Conditions to Buyer's Performance Not Met. By the Buyer upon by written notice to the Seller if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of the Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 6.1 or 8.2 and 6.2, unless the Seller cannot Buyer is primarily responsible for such event or will not take action to cure condition as a result of a breach hereof by the deficiency within thirty days of the eventBuyer.

Appears in 1 contract

Samples: Asset Purchase Agreement (Superior Industries International Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon written notice to Seller if any event occurs which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the eventAgreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ask Jeeves Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon by ----------------------------------------- written notice to Seller if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 Articles VI or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event.VII.written notice to

Appears in 1 contract

Samples: Stock Purchase Agreement (Advanced Micro Devices Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon written notice to Seller Sellers if any event occurs which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 7.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event7.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Affinity Entertainment Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon by written notice to Seller Sellers if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 Sections 9.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event9.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lamar Advertising Co)

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Conditions to Buyer's Performance Not Met. By Buyer the Buyers upon written notice to Seller the Sellers if any event occurs which that would render impossible the satisfaction of one or more conditions to the obligations of Buyer the Buyers to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event8.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cascade Corp)

Conditions to Buyer's Performance Not Met. By Buyer upon by written notice to Seller the Company if any event occurs which would render impossible the satisfaction of one or more conditions set forth in Section 8.2 to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the eventAgreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Wynns International Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon by written notice to Seller if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 Articles VII or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the eventVIII.

Appears in 1 contract

Samples: Asset Purchase Agreement (Petersen Holdings LLC)

Conditions to Buyer's Performance Not Met. By Buyer upon written notice to Seller if any event occurs which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the eventSection 8.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Goodman Conveyor Co)

Conditions to Buyer's Performance Not Met. By Buyer upon by written notice to Seller Company and the Significant Shareholders if any event occurs which or condition exists that would render impossible the satisfaction of one or more conditions to the Buyer's obligations of Buyer to consummate the transactions contemplated by this Agreement Transactions as set forth stated in Section 8.1 6.1 or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the event6.2.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Macneal Schwendler Corp)

Conditions to Buyer's Performance Not Met. By Buyer upon by ----------------------------------------- written notice to Seller if any event occurs or condition exists which would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 Articles VI or 8.2 and the Seller cannot or will not take action to cure the deficiency within thirty days of the eventVII.

Appears in 1 contract

Samples: Stock Purchase Agreement (Homestore Com Inc)

Conditions to Buyer's Performance Not Met. By Buyer upon by written notice to Seller if any event occurs or condition exists which (i) would render impossible the satisfaction of one or more conditions to the obligations of Buyer to consummate the transactions contemplated by this Agreement as set forth in Section 8.1 7.1 or 8.2 7.2, unless Buyer is primarily responsible for such event or condition as a result of a breach hereof by Buyer, and the Seller (ii) cannot be or will has not take action to cure the deficiency been cured within thirty days ten (10) Business Days following receipt by Seller of the eventwritten notice of such breach.

Appears in 1 contract

Samples: Stock Purchase Agreement (Coinstar Inc)

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