Common use of Failure of Seller’s Conditions Clause in Contracts

Failure of Seller’s Conditions. Subject to Seller's rights hereunder in the event of a default by Buyer which results in the failure of a Seller's Condition, Seller may terminate this Agreement by delivery of written notice to Buyer and Escrow Agent, in which event Escrow Agent shall return the Deposit to Buyer, Buyer shall pay the cancellation charges of Title Company and Escrow Agent, and neither party shall thereafter have any rights or obligations to the other hereunder, except those provisions which expressly survive Closing or earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Cytrx Corp), Purchase and Sale Agreement (Cytrx Corp)

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Failure of Seller’s Conditions. Subject to Seller's rights hereunder in In the event of a default by Buyer which results in the failure of a Seller's ’s Condition, Seller may terminate this Agreement by delivery of written notice to Buyer and Escrow Agent, in which event Escrow Agent shall return the Deposit to Buyer, Buyer the parties shall pay equally share the cancellation charges of Title Company and Escrow AgentCancellation Charges, and neither party shall thereafter have any rights or obligations to the other hereunder, except those provisions other than pursuant to any provision hereof which expressly survive Closing or earlier survives the termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Arena Pharmaceuticals Inc)

Failure of Seller’s Conditions. Subject to Seller's rights hereunder in the event of a default by Buyer which results (as set forth in Section 13.1 below), in the event of the failure of a Seller's Condition, Seller may terminate this Agreement by delivery of written notice Notice to Buyer and Escrow Agent, in which event Escrow Agent shall return to Buyer the Deposit to Buyer(plus any interest or dividends earned thereon), Buyer the parties shall pay equally share the cancellation charges of Title Company and Escrow Agent, and thereafter neither party shall thereafter have any rights or obligations to the other hereunder, except those provisions which expressly survive Closing or earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Scios Inc)

Failure of Seller’s Conditions. Subject to Seller's rights hereunder under Section 11.1 hereof in the event of a default by Buyer which results in the failure of a Seller's Condition, in the event of the failure of a Seller's Condition, Seller may terminate this Agreement by delivery of written notice to Buyer and Escrow Agent, in which event Escrow Agent shall return the Deposit to Buyer, Buyer the parties shall pay equally share the cancellation charges of Title Company and Escrow Agent, and neither party shall thereafter have any rights or obligations to the other hereunder, except those provisions which expressly survive Closing or earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Matrix Pharmaceutical Inc/De)

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Failure of Seller’s Conditions. Subject to Seller's ’s rights hereunder in the event of a default by Buyer which results in the failure of a Seller's ’s Condition, in the event of the failure of a Seller’s Condition, Seller may terminate this Agreement by delivery of written notice to Buyer and Escrow Agent, in which event Escrow Agent shall return disburse the Deposit to BuyerSeller, Buyer shall pay the cancellation charges of Title Company and Escrow AgentCancellation Charges, and neither party shall thereafter have any rights or obligations to the other hereunder, except those provisions which expressly survive Closing or earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Facebook Inc)

Failure of Seller’s Conditions. Subject to Seller's ’s rights hereunder in the event of a default by Buyer which results in the failure of a Seller's ’s Condition, in the event of the failure of a Seller’s Condition, Seller may terminate this Agreement by delivery of written notice to Buyer and Escrow Agent, in which event Escrow Agent event, this Agreement shall return the Deposit to Buyerterminate, Buyer all obligations under this Agreement shall pay the cancellation charges of Title Company and Escrow Agent, and neither party shall thereafter have cease (except for any rights or obligations to the other hereunder, except those provisions which that expressly survive Closing or earlier the termination of this Agreement) and Buyer shall be entitled to the prompt return of the Deposit.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Applied Micro Circuits Corp)

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