Common use of Seller’s Breach Clause in Contracts

Seller’s Breach. If Closing does not occur because Seller wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Buyer is ready and otherwise able to close, the Escrow Agent shall return the Deposit, together with interest thereon, to Buyer not later than two (2) business days after the determination that the Closing will not occur, and in any event Buyer shall have all other remedies available to it for Seller’s wrongful failure to close hereunder, including, but not limited to, specific performance.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Exco Resources Inc), Purchase and Sale Agreement (Exco Resources Inc)

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Seller’s Breach. If Closing does not occur because Seller wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Buyer is ready and otherwise able to close, the Escrow Agent shall return the Deposit, together with interest thereon, to Buyer not later than two (2) business 15 days after the determination that the Closing will not occur, or Buyer may pursue specific performance, and in any event Buyer shall have all other remedies available to it for Seller’s 's wrongful failure to close hereunder, including, but not limited to, specific performance.

Appears in 2 contracts

Samples: Joint Operating Agreement (Petroleum Development Corp), Joint Operating Agreement (Petroleum Development Corp)

Seller’s Breach. If Closing does not occur because Seller wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Buyer is ready and otherwise able to close, the Escrow Agent shall return the Deposit, together with interest thereon, shall be returned to Buyer not later than two (2) business 15 days after the determination that the Closing will not occur, or Buyer may pursue specific performance, and in any event Buyer shall have all other remedies available to it for Seller’s wrongful failure to close hereunder, including, but not limited to, specific performance.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Exco Resources Inc)

Seller’s Breach. If Closing does not occur because Seller wrongfully fails to tender performance at Closing or otherwise materially breaches this Agreement prior to Closing, and Buyer is ready and otherwise able to close, the Escrow Agent shall return the DepositDeposit to Buyer. Thereafter, together with interest thereon, to Buyer not later than two (2) business days after the determination that the Closing will not occur, Buyer’s sole and in any event Buyer exclusive remedy against Seller shall have all other remedies available to it be a suit for specific performance of this Agreement. Seller’s wrongful 's failure to close hereundershall not be considered wrongful if Seller has terminated this Agreement pursuant to Article 11.1.A, including, but not limited to, specific performance.11.1.C or 11.1.D.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Synergy Resources Corp)

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Seller’s Breach. If Closing does not occur because Seller wrongfully fails to tender performance at Closing or otherwise breaches this Agreement prior to Closing, and Buyer is ready and otherwise able to close, the Escrow Agent shall return the Deposit, together with interest thereon, shall be returned to Buyer not later than two (2) business 15 days after the determination that the Closing will not occur, , and in any event Buyer shall have all other remedies available to it for Seller’s wrongful failure to close hereunder, including, but not limited to, specific performance.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Linn Energy, LLC)

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