Default by Parent Sample Clauses
Default by Parent. Except as otherwise expressly provided in this Agreement, if Parent shall fail to perform or comply with any covenant, agreement or condition contained in this Agreement that is required to be performed or complied with by Parent on or prior to the Closing Date, then Shareholders and Merging Entity, at the unanimous option of Shareholders and Merging Entity, may seek specific performance of this Agreement or may elect to sue for damages. If Sharehol▇▇▇s and Merging Entity elect to sue for specific performance, ▇▇rent expressly waives any claim or defense that Shareholders and Merging Entity have an adequate remedy at law. 12.
Default by Parent. The following events shall be a “Default” of Parent hereunder: (i) Parent’s fraud, gross negligence or willful misconduct in the performance of its obligations hereunder; or (ii) the breach by Parent of any of its obligations hereunder, if such breach is not cured within such thirty (30) days after written notice to Parent is provided by ▇▇▇▇▇▇▇▇▇, or if such breach cannot reasonably be cured within thirty (30) days, if Parent fails to commence the cure thereof within said thirty (30) day period and thereafter fails to diligently pursue said cure or if Parent fails to complete said cure within sixty (60) days of such breach.
Default by Parent. If Parent fails to perform any of its material obligations under this Agreement, or is in breach in any material respect of any representation, warranty, covenant or agreement on the part of Parent set forth in this Agreement, and, if such breach or failure is capable of being cured, such failure or breach has not been cured within 10 days after receipt of notice of such breach by Parent, then Parent shall be in default hereunder (such event, a “Parent Default”). In the event of a Parent Default, the Company, on behalf of the Company and the Company Shareholder, shall be entitled to elect either (1) to bring an action for specific performance of this Agreement pursuant to Section 9.12 or (2) to terminate this Agreement pursuant to Section 7.03(d). This provision shall be in addition to the Company’s and the Company Shareholder’s remedies under Section 8.03.
Default by Parent. Buyers may terminate this Agreement in the event of any of the following with respect to the Parent:
(i) The Parent shall fail to keep, observe or perform any agreement, term or provision of this Agreement, and such failure shall continue for a period of ten (10) days after written notice thereof shall have been given to the Parent by Buyer, which notice shall specify the event or events constituting this failure; or
(ii) The Parent shall apply for or consent to the appointment of a receiver, trustee or liquidator of the Parent or of all or a substantial part of its assets, file a voluntary petition in bankruptcy, or admit in writing its inability to pay its debts as they become due, make a general assignment for the benefit of creditors, file a petition or answer seeking reorganization or arrangement with creditors or taking advantage of any insolvency law; or an order, judgment or decree shall be entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the Parent bankrupt or insolvent or approving a petition seeking reorganization of the Parent, or appointing a receiver, trustee or liquidator of the Parent or of all or a substantial part of its assets, and such order shall remain undismissed, undischarged or unbonded for a period of sixty (60) days.
Default by Parent. Except as otherwise expressly provided in this Agreement, if Parent shall fail to perform or comply with any material covenant, agreement or condition contained in this Agreement that is required to be performed or complied with by Parent on or prior to the Closing Date, then Shareholders and Merging Entity, at the unanimous option of Shareholders and Merging Entity, after notice to Parent and failure to cure within thirty (30) days after notice, may seek specific performance of this Agreement or may elect to ▇▇▇ for damages. If Shareholders and Merging Entity elect to ▇▇▇ for specific performance, Parent expressly waives any claim or defense that Shareholders and Merging Entity have an adequate remedy at law.
Default by Parent. The occurrence of any of the foregoing Events of Default with respect to Parent as if the Parent were the "Consignee" described therein.
Default by Parent. Except as otherwise expressly provided in this Agreement, if Parent shall fail to perform or comply with any covenant, agreement or condition contained in this Agreement that is required to be performed or complied with by Parent on or prior to the Closing Date, then Shareholder and Merging Entity may seek specific performance of this Agreement or may elect to sue for damages. If Sharehol▇▇▇ and Merging Entity elect to sue for specific performance, ▇▇rent expressly waives any claim or defense that Shareholder and Merging Entity have an adequate remedy at law. 12.