Common use of Default at Closing Clause in Contracts

Default at Closing. Notwithstanding any other provision of this Agreement, if Ms. Wolfson shall fail or refuse to d▇▇▇▇▇▇ ▇▇▇ of the Royal Oasis Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by Ms. Wolfson, and ECOC at its option a▇▇ ▇▇▇▇▇▇▇ prejudice to any of its other rights against such defaulting party, may either (a) invoke any equitable remedies to enforce performance hereunder including, without limitation, an action or suit for specific performance, or (b) terminate all of its obligations hereunder with respect to Ms. Wolfson. Likewise, if ECOC shall ▇▇▇▇ ▇▇ ▇▇fuse to deliver any of the ECOC Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by ECOC, and Ms. Wolfson at its option and without ▇▇▇▇▇▇▇▇▇ to any of its other rights against such defaulting party, may either (a) invoke any equitable remedies to enforce performance hereunder including, without limitation, an action or suit for specific performance, or (b) terminate all of its obligations hereunder with respect to ECOC.

Appears in 2 contracts

Sources: Stock Exchange Agreement (Ecom Com Inc), Stock Exchange Agreement (Ecom Com Inc)

Default at Closing. Notwithstanding any other provision of this Agreement, if Ms. Wolfson Colmenares shall fail or refuse to d▇▇ ▇▇▇▇▇▇▇ ▇▇▇ of the Royal Oasis Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by Ms. WolfsonColmenares, and ECOC at its option aopti▇▇ ▇▇▇ ▇▇▇▇▇▇▇ prejudice to any of its other rights against such defaulting party, may either (a) invoke any equitable remedies to enforce performance hereunder including, without limitation, an action or suit for specific performance, or (b) terminate all of its obligations hereunder with respect to Ms. WolfsonColmenares. Likewise, if ECOC shall s▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇fuse efuse to deliver any of the ECOC Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by ECOC, and Ms. Wolfson Colmenares at its option and without wit▇▇▇▇ ▇▇▇▇▇▇▇▇▇ to any of its other rights against such defaulting party, may either (a) invoke any equitable remedies to enforce performance hereunder including, without limitation, an action or suit for specific performance, or (b) terminate all of its obligations hereunder with respect to ECOC.

Appears in 1 contract

Sources: Stock Exchange Agreement (Ecom Com Inc)

Default at Closing. Notwithstanding any other provision of this Agreement, if Ms. Wolfson Colmenares shall fail or refuse to dt▇ ▇▇▇▇▇▇▇ ▇▇▇ of the Royal Oasis Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by Ms. WolfsonColmenares, and ECOC at its option aoptio▇ ▇▇▇ ▇▇▇▇▇▇▇ prejudice to any of its other rights against such defaulting party, may either (a) invoke any equitable remedies to enforce performance hereunder including, without limitation, an action or suit for specific performance, or (b) terminate all of its obligations hereunder with respect to Ms. WolfsonColmenares. Likewise, if ECOC shall sh▇▇▇ ▇▇▇▇ ▇▇ ▇▇fuse to deliver any of the ECOC Shares, or shall fail or refuse to consummate the transaction described in this Agreement by the Closing Date, such failure or refusal shall constitute a default by ECOC, and Ms. Wolfson Colmenares at its option and without with▇▇▇ ▇▇▇▇▇▇▇▇▇ to any of its other rights against such defaulting party, may either (a) invoke any equitable remedies to enforce performance hereunder including, without limitation, an action or suit for specific performance, or (b) terminate all of its obligations hereunder with respect to ECOC.

Appears in 1 contract

Sources: Stock Exchange Agreement (Ecom Com Inc)