Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 9 contracts
Samples: Merger Agreement (Healthcare Capital Corp), Stock Purchase and Sale Agreement (Healthcare Capital Corp), Stock Purchase and Sale Agreement (Healthcare Capital Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 9 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 6.4 hereof.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Abr Information Services Inc), Stock Purchase Agreement (Abr Information Services Inc), Stock Purchase Agreement (Abr Information Services Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section Article 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 4 contracts
Samples: Shareholder Agreement (Sykes Enterprises Inc), Asset Purchase Agreement (Northland Cranberries Inc /Wi/), Shareholder Agreement (Healthplan Services Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 10 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 4 contracts
Samples: Purchase Agreement (United Western Bancorp Inc), Website Purchase Agreement (NP Capital Corp), Asset Purchase Agreement (Holmes Products Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 14 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 11.4 hereof.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Zitel Corp), Asset Purchase Agreement (Northland Cranberries Inc /Wi/), Asset Purchase Agreement (Northland Cranberries Inc /Wi/)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 11 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 8.4 hereof.
Appears in 3 contracts
Samples: Share Purchase Agreement (Innovative Software Technologies Inc), Stock Purchase Agreement (Zitel Corp), Stock Purchase Agreement (Vitro Sa De Cv)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 9 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Coast Distribution System Inc), Agreement and Plan of Reorganization (Abr Information Services Inc), Agreement and Plan of Reorganization (Abr Information Services Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 8 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Bandag Inc), Agreement and Plan of Reorganization (Abr Information Services Inc), Agreement and Plan of Reorganization (Abr Information Services Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 10.12 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Healthcare Capital Corp), Merger Agreement (Healthcare Capital Corp), Merger Agreement (Healthcare Capital Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 7 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 3 contracts
Samples: Employment Agreement (Sykes Healthplan Services Inc), Employment Agreement (Sykes Healthplan Services Inc), Employment Agreement (Sykes Healthplan Services Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 11 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 2 contracts
Samples: Executive Employmnt Agreement (Haber Inc), Employment Agreement (Haber Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 11 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Oshkosh Truck Corp), Stock Purchase Agreement (Johnson Worldwide Associates Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 12.20 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Psychiatric Solutions Inc), Asset Purchase Agreement (Psychiatric Solutions Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Carmike Cinemas Inc), Stock Purchase Agreement (Carmike Cinemas Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 9 shall have been or may be invoked shall not excuse any party Party from performing its obligations under this Agreement, and during the pendency of any such procedure procedures, all parties Parties shall continue to perform their respective obligations under this Agreement and the other documents and instruments entered into by the Parties pursuant hereto in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ari Network Services Inc /Wi), Asset Purchase Agreement (Ari Network Services Inc /Wi)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 15 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 11.4 hereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Hein Werner Corp), Asset Purchase Agreement (Kaydon Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 15 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Gateway Inc), Asset Purchase Agreement (MPC Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 12 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of set off provided herein.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Adam Inc), Agreement and Plan of Merger (Adam Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 11 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 9.4 hereof.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article VII shall have been or may be invoked shall not excuse any party Party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties Parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Samples: Securities Purchase Agreement (Mgic Investment Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 7 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject provided, that any dispute among the parties related to any rights the ability to terminate this Agreement that may perform referenced above shall be available to any partyresolved by the arbitrator(s).
Appears in 1 contract
Samples: Stock Purchase Agreement (Nn Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 8.3 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures procedure specified in this Section 13 15 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure procedure, all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 shall 10 will have been or may be invoked shall will not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall will continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 8.4 hereof.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 12(g) shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure procedure, all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Samples: Securities Repurchase Agreement (Mgic Investment Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 12.13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 9.12 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Healthcare Capital Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 shall 7. will have been or may be invoked shall will not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall will continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partythe right of setoff provided in Section 5.4 hereof.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 11 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Samples: Registration Rights Agreement (Intertape Polymer Group Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 11.5 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Samples: Employment Agreement (Heartsoft Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 shall 11 will have been or may be invoked shall will not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall will continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 8.4 hereof.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 11.12 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure procedures, all parties shall continue to perform their respective obligations under this Agreement in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 11 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 7.4 hereof.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 11.13 shall have been or may be invoked shall not excuse any party hereto from performing its obligations under this Agreement, and during the pendency of any such procedure procedures, all parties hereto shall continue to perform their respective obligations under this Agreement and the other documents and instruments entered into by the parties hereto pursuant hereto in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 14 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.such
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 12 shall have been or may be invoked shall not excuse any party Party from performing its obligations under this Agreement, and during the pendency of any such procedure procedures, all parties Parties shall continue to perform their respective obligations under this Agreement and the other documents and instruments entered into by the Parties pursuant hereto in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Samples: Stock and Unit Purchase Agreement (Orion Energy Systems, Inc.)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article VII shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 15 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 12.4 hereof.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section Article 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 8.4 hereof.
Appears in 1 contract
Samples: Share Exchange Agreement (Pipeline Technologies Inc)
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 8 shall have been or may be invoked shall not excuse any party Party from performing its obligations under this Agreement, and during the pendency of any such procedure procedures, all parties Parties shall continue to perform their respective obligations under this Agreement and the other documents and instruments entered into by the Parties pursuant hereto in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 11.7 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 Article 8 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any partyparty and to the right of setoff provided in Section 6.4 hereof.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 12.7 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Samples: Securities Purchase Agreement (Mgic Investment Corp)
Continued Performance. The fact that the dispute resolution procedures specified in this Section Article 13 shall have been or may be invoked shall not excuse any party Party from performing its obligations under this Agreement, and during the pendency of any such procedure procedures, all parties Parties shall continue to perform their respective obligations under this Agreement and the other documents and instruments entered into by the Parties pursuant hereto in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Warrant and during the pendency of any such procedure procedure, all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement Warrant that may be available to any party.
Appears in 1 contract
Continued Performance. The fact that the dispute resolution procedures specified in this Section 13 12.1 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, Agreement and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.
Appears in 1 contract
Samples: Agreement and Plan of Merger (National Techteam Inc /De/)
