Common use of Default at Closing Clause in Contracts

Default at Closing. If either Party fails or refuses to consummate the ------------------ transactions set forth in this Agreement on or prior to the Closing Date, all conditions to that Party's obligation to close under Section 10 or Section 11, as applicable, have been satisfied, and if the other Party is not then in material breach under terms of this Agreement and such other Party stands ready, willing and able to make tender of its deliveries required under Section 12.2, then, in addition to any other remedies available to such other Party, the other Party may invoke any equitable remedies to cause the consummation of the transactions set forth in this Agreement, including, without limitation, an action or suit for specific performance.

Default at Closing. If either Party fails or refuses to consummate the ------------------ transactions set forth in this Agreement on or prior to the Closing Date, all conditions to that Party's obligation to close under Section 10 or Section 11, as applicable, have been satisfied, and if the other Party is not then in material breach under terms of this Agreement and such other Party stands ready, willing and able to make tender of its deliveries required under Section 12.2, then, in addition to any other remedies available to such other Party, the other Party may invoke any equitable remedies to cause the consummation of the transactions set forth in this Agreement, including, without limitation, an action or suit for specific performance.