Common use of Nonperformance Clause in Contracts

Nonperformance. Any failure or refusal by Buyer to satisfy or perform any covenant, term or condition of this Agreement required to be satisfied or performed by it.

Appears in 4 contracts

Samples: Asset Acquisition Agreement (Supergen Inc), Asset Acquisition Agreement (Supergen Inc), Asset Acquisition Agreement (GeoPharma, Inc.)

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Nonperformance. Any failure or refusal by Buyer to satisfy or perform any covenant, term or condition of this Agreement or any schedule, exhibit or other agreement or document contemplated by this Agreement that is required to be satisfied or performed by itBuyer.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Lodgenet Entertainment Corp), Asset Purchase Agreement (Lodgenet Entertainment Corp)

Nonperformance. Any failure or refusal by Buyer to satisfy or perform any covenant, term or condition covenant of this Agreement required to be satisfied or performed by it.

Appears in 2 contracts

Samples: Asset Acquisition Agreement (Nco Group Inc), Portfolio Purchase Agreement (Nco Group Inc)

Nonperformance. Any failure or refusal by Buyer Seller to satisfy or perform any covenant, term or condition of this Agreement or any schedule, exhibit or other agreement or document contemplated by this Agreement that is required to be satisfied or performed by it.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Lodgenet Entertainment Corp), Asset Purchase Agreement (Lodgenet Entertainment Corp)

Nonperformance. Any failure or refusal by Buyer the Sellers to satisfy or perform any covenant, term or condition of this Agreement required to be satisfied or performed by itany of them.

Appears in 1 contract

Samples: Stock Purchase Agreement (IHS Inc.)

Nonperformance. Any failure or refusal by Buyer a Seller to satisfy or perform any covenant, term or condition of this Agreement required to be satisfied or performed by iteither or both of them.

Appears in 1 contract

Samples: Asset Acquisition Agreement (GeoPharma, Inc.)

Nonperformance. Any failure or refusal by Buyer Seller to satisfy or perform any covenant, term or condition of this Agreement required to be satisfied or performed by iteither or both of them.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Supergen Inc)

Nonperformance. Any failure or refusal by IntriCon or Buyer to satisfy or perform any covenant, term or condition of this Agreement required to be satisfied or performed by it.

Appears in 1 contract

Samples: Asset Purchase Agreement (Intricon Corp)

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Nonperformance. Any failure or refusal by Buyer to satisfy or perform any covenantcovenant , term or condition of this Agreement required to be satisfied or performed by it.

Appears in 1 contract

Samples: Purchase Agreement (Berkeley Technology LTD)

Nonperformance. Any failure or refusal by Buyer Owner to satisfy or perform any covenant, term or condition of this Agreement required to be satisfied or performed by it.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mediq Inc)

Nonperformance. Any failure or refusal by Buyer Seller or any Partner to satisfy or perform any covenant, term or condition of this Agreement or any schedule, exhibit or other agreement or document contemplated by this Agreement that is required to be satisfied or performed by itany or all of them.

Appears in 1 contract

Samples: Asset Purchase Agreement (Encore Capital Group Inc)

Nonperformance. Any failure or refusal by Buyer any of the Buying Companies to satisfy or perform any covenant, term or condition of this Agreement required to be satisfied or performed by itany or all of them, including but not limited to the subcontracted Obligations set forth in Section 9.3.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Safeguard Scientifics Inc Et Al)

Nonperformance. Any failure or refusal by Buyer any of the Sellers to satisfy or perform any covenant, term or condition of this Agreement required to be satisfied or performed by itany or all of them.

Appears in 1 contract

Samples: Final Asset (Nco Group Inc)

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