Purchaser Defaults. In the event that Purchaser shall not complete closing under this Agreement even though the conditions benefiting Purchaser under ARTICLE VII hereof were satisfied, and neither party has otherwise terminated this Agreement pursuant to an express right to terminate as herein provided, and Seller is not in default hereunder, then Purchaser shall be liable to Seller for any actual damages of Seller as a result of such breach.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Brookdale Senior Living Inc.), Stock Purchase Agreement (Capstead Mortgage Corp)