Common use of Termination by Buyer Clause in Contracts

Termination by Buyer. This Agreement may be terminated by Buyer, by written notice to Seller, in the event of a material breach of any representation or warranty of Seller hereunder, or in the event Seller fails to perform any material covenant or obligation required to be performed by it hereunder and such failure remains uncured for ten (10) days following such written notice.

Appears in 3 contracts

Samples: Asset Purchase Agreement (CQENS Technologies Inc.), Asset Purchase Agreement (CQENS Technologies Inc.), Asset Purchase Agreement (CQENS Technologies Inc.)

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Termination by Buyer. This Agreement may be terminated and canceled at any time prior to the Closing by the Buyer, by upon written notice to the Seller, in if any of the event of a material breach of any representation following circumstances or warranty of Seller hereunder, or in the event Seller fails to perform any material covenant or obligation required to be performed by it hereunder and such failure remains uncured events continues for more than ten (10) business days following such after Buyer has provided written notice.notice thereof to Seller of its intention to terminate this Agreement:

Appears in 2 contracts

Samples: Service Company Asset Contribution Agreement (Corporate Office Properties Trust), Service Company Asset Contribution Agreement (Baltimore Gas & Electric Co)

Termination by Buyer. This Agreement may be terminated by Buyer, by Buyer upon written notice to SellerSeller at any time prior to the Merger Closing if Seller shall have materially Breached or failed to perform any of the representations, warranties, covenants or other agreements contained in this Agreement or the event of a material breach of Seller Closing Documents, or if any representation or warranty of Seller hereundershall have become materially untrue, in either case such that such Breach or in the event Seller fails to perform any material covenant or obligation required failure to be performed true has not been or is incapable of being cured within thirty (30) business days following receipt by it hereunder and Buyer of notice of such failure remains uncured for ten (10) days following such written noticeto comply.

Appears in 2 contracts

Samples: Employment Agreement (Divine Inc), Employment Agreement (Eshare Communications Inc)

Termination by Buyer. This Agreement may be terminated -------------------- and the transactions contemplated herein may be abandoned at any time prior to the Closing by action of the Board of Directors of Buyer, by if Seller shall have breached any of its representations or warranties in any material respect or failed to perform in any material respect any of its covenants or agreements contained in this Agreement which breach or failure shall not have been cured within ten business days after the receipt of written notice to Seller, in the event by Seller from Buyer of a material such breach of any representation or warranty of Seller hereunder, or in the event Seller fails to perform any material covenant or obligation required to be performed by it hereunder and such failure remains uncured for ten (10) days following such written noticefailure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Angelica Corp /New/)

Termination by Buyer. This Agreement may be terminated by Buyer, Buyer by written notice to Seller, in the event of a material breach of any representation or warranty of Seller hereunder, or in the event Seller fails to perform any material covenant or obligation required to be performed by it hereunder and such failure remains uncured for ten (10) days following such written notice.

Appears in 1 contract

Samples: Asset Purchase Agreement (Mmax Media, Inc.)

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Termination by Buyer. This Agreement may be terminated by Buyer, by Buyer at any time before the Closing Date upon written notice to SellerSellers, if Sellers are then in the event of a material breach of any representation or warranty of Seller hereunderrepresentation, or in the event Seller fails to perform any material warranty, covenant or obligation in this Agreement such that Sellers would be unable to deliver the closing certificate to Buyer regarding the representations and warranties of Sellers and the performance of the obligations of Sellers as required pursuant to be performed Section 8.2(b), and (i) such breach is not curable or, (ii) if curable, such breach is not cured within 30 days after written notice thereof is given by it hereunder and such failure remains uncured for ten (10) days following such written noticeBuyer to Sellers.

Appears in 1 contract

Samples: Asset Purchase Agreement (KLIF Broadcasting, Inc.)

Termination by Buyer. This Agreement may be terminated by Buyer, Buyer by written notice to Seller, in the event of a material breach of any representation or warranty of Seller hereunderSeller, or in the event Seller fails to perform any material covenant or obligation required to be performed by it hereunder and such failure remains uncured for ten (10) days following such written notice.

Appears in 1 contract

Samples: Asset Purchase Agreement (Investco Inc)

Termination by Buyer. This Agreement may be terminated by BuyerBuyer alone, by means of written notice to Company and Seller, in the event of if there has been a material breach by Company or Seller of any representation representation, warranty, covenant or warranty of Seller hereunder, or agreement set forth in the event Seller fails to perform Agreement or any material covenant or obligation required to be performed by it hereunder and such failure remains uncured for Related Agreement, which breach has not been cured within ten (10) days Business Days following receipt by Company of notice of such written noticebreach.

Appears in 1 contract

Samples: Stock Purchase Agreement (Imagex Com Inc)

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