Failure of Conditions. This Agreement may be terminated by either party hereto, if the conditions, as set forth in this Agreement to such terminating party's obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination shall not limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (XML Global Technologies Inc), Agreement and Plan of Merger (Skylynx Communications Inc), Agreement and Plan of Merger (Biomedical Technology Solutions Holdings Inc)
Failure of Conditions. This Agreement may be terminated by either party hereto, if the conditions, as set forth in this Agreement Agreement, to such terminating party's obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination for any other reason shall not otherwise limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\), Asset Purchase Agreement (Rush Enterprises Inc \Tx\), Asset Purchase Agreement (Rush Enterprises Inc \Tx\)
Failure of Conditions. This Agreement may be terminated by either party hereto, if the conditions, as set forth in this Agreement Agreement, to such terminating party's obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination shall not limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\), Asset Purchase Agreement (Rush Enterprises Inc \Tx\)
Failure of Conditions. This Agreement may be terminated by either party hereto, if the conditions, as set forth in this Agreement to such terminating party's ’s obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination shall not limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party.
Appears in 2 contracts
Samples: Agreement and Plan of Exchange (Vitro Biopharma, Inc.), Agreement and Plan of Merger (Vitro Biopharma, Inc.)
Failure of Conditions. This Agreement may be terminated by either party hereto, hereto if the conditions, as set forth in this Agreement conditions to such terminating party's obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination shall not limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party.
Appears in 1 contract
Failure of Conditions. This Agreement may be terminated by either any party hereto, hereto if the conditions, as set forth in this Agreement Article 10 and Article 11, to such terminating party's ’s obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination for any other reason shall not otherwise limit the remedies otherwise available to such party as a result of misrepresentations of of, or breaches by by, the other party.
Appears in 1 contract
Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)
Failure of Conditions. This Agreement may be terminated by either party hereto, if the conditions, as set forth in this Agreement Agreement, to such terminating party's obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination shall not otherwise limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party.
Appears in 1 contract
Samples: Plan of Merger and Acquisition Agreement (Tristar Corp)
Failure of Conditions. This Agreement may be terminated by either party heretoif the conditions precedent to such party's performance hereunder have not been satisfied as of the Closing. In addition, if the conditions, as set forth in failure of a condition precedent is due to a breach of this Agreement to such terminating party's obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination shall not limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party, the non-breaching party will have all available remedies at law and in equity, including the right of specific performance.
Appears in 1 contract
Failure of Conditions. This Agreement may be terminated in writing by either any party hereto, hereto if the conditions, as set forth in this Agreement Agreement, to such terminating party's obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination shall not limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party.
Appears in 1 contract
Failure of Conditions. This Agreement may be terminated by either any party hereto, if the conditions, as set forth in this Agreement Agreement, to such terminating party's obligations under this Agreement are not fulfilled on or prior to the Closing Date; provided that any such termination shall not limit the remedies otherwise available to such party as a result of misrepresentations of or breaches by the other party.
Appears in 1 contract
Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)
