Common use of Execution of Definitive Documentation Clause in Contracts

Execution of Definitive Documentation. Each Party agrees to negotiate in good faith and use all reasonable efforts to prepare, execute and deliver definitive agreements and other instruments implementing the terms set forth in the Term Sheet on reasonable and customary terms; provided, however, that no failure or delay in the delivery and execution of such definitive agreements or instruments shall affect the validity, enforceability or binding nature of the Term Sheet. Without limiting the foregoing, Purchaser agrees that after Closing the Company will prepare, adopt and effectuate any employee benefit plans, including stock option plans, and including issuing options to purchase shares of its capital stock pursuant to such plans, as may be necessary to effectuate the purposes and intent of the Term Sheet.