Common use of Termination by Buyer Clause in Contracts

Termination by Buyer. Buyer, by notice in the manner hereinafter provided on or before the Closing Date, may terminate this Agreement in the event of a breach by Stockholders or Company in the observance or in the due and timely performance of any of the agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured on or before the Closing Date.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (U S Liquids Inc), Stock Purchase Agreement (U S Liquids Inc), Stock Purchase Agreement (U S Liquids Inc)

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Termination by Buyer. Buyer, by notice in the manner hereinafter provided on or before the Closing Date, may terminate this Agreement in the event of a material breach by Stockholders Seller or Company Seller Parent in the observance or in the due and timely performance of any of the covenants, agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured cured, after written notice thereof, on or before the Closing Date.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Capital Environmental Resource Inc), Asset Purchase Agreement (Capital Environmental Resource Inc), Asset Purchase Agreement (Capital Environmental Resource Inc)

Termination by Buyer. Buyer, by notice in the manner hereinafter ------------ -------------------- provided below on or before the Closing Date, may terminate this Agreement in the event of (i) a material breach by Stockholders Seller, or Company Shareholders in the observance or in the due and timely performance of any of the material agreements or conditions contained herein in this Agreement on their part to be performed, and such breach shall not have been cured on or before the Closing Date, or (ii) the falsity of any material representation or warranty given by Seller, or Shareholders in this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale of Assets Agreement (Eastern Environmental Services Inc), Purchase and Sale of Assets Agreement (Eastern Environmental Services Inc)

Termination by Buyer. Buyer, Buyer may terminate this Agreement by giving -------------------- written notice to Seller at any time prior to the Closing (i) in the manner hereinafter provided event Seller has breached any representation, warranty or covenant contained in this Agreement in any material respect or (ii) if the Closing shall not have occurred on or before the Closing Expiration Date, may terminate this Agreement in by reason of the event of a breach by Stockholders or Company in the observance or in the due and timely performance failure of any of the agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured on or before the Closing Datecondition precedent under Section 7 above.

Appears in 2 contracts

Samples: Dunn Companies Asset Purchase Agreement (Anthony Crane Rental Lp), Dunn Companies Asset Purchase Agreement (Anthony Crane Rental Holdings Lp)

Termination by Buyer. Buyer, by notice in the manner hereinafter provided on or before the Closing Date, may terminate this Agreement in the event of a material breach by Stockholders Parent or Company Seller in the observance or in the due and timely performance of any of the covenants or agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured cured, after written notice thereof, on or before the Closing Date, or in the event of the failure to complete or satisfy and condition set forth in Article 9, which failure to complete or satisfy is not waived by Buyer.

Appears in 2 contracts

Samples: Purchase Agreement (Waste Industries Inc), Purchase Agreement (Waste Industries Inc)

Termination by Buyer. Buyer, by notice in the manner hereinafter provided in Section 15.6 on or before the Closing Date, may terminate this Agreement if any of the conditions set forth in Article 10 shall not have been satisfied or in the event of a breach by Stockholders the Companies or Company the Shareholders of any representation or warranty of the Companies or the Shareholders contained in this Agreement or in the observance or in the due and timely performance of any of the agreements or conditions contained herein in this Agreement on their part to be performed, and such breach shall not have been cured on or before the Closing Date.

Appears in 1 contract

Samples: Acquisition Agreement (ProLink Holdings Corp.)

Termination by Buyer. Buyer, by notice in the manner hereinafter provided on or before the Closing Date, may terminate this Agreement in the event of a breach by Stockholders Parent or Company Seller in the observance or in the due and timely performance of any of the agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured on or before the Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (U S Liquids Inc)

Termination by Buyer. Buyer, by notice in the manner hereinafter provided on or before the Closing Date, may terminate this Agreement in the event of a material breach by Stockholders or Company Seller in the observance or in the due and timely performance of any of the covenants or agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured cured, after written notice thereof, on or before the Closing Date, or in the event of the failure to complete or satisfy and condition set forth in Article 9, which failure to complete or satisfy is not waived by Buyer.

Appears in 1 contract

Samples: Purchase Agreement (Waste Industries Inc)

Termination by Buyer. Buyer, BUYER may terminate this Agreement by giving written notice in to the manner hereinafter provided SHAREHOLDER at any time prior to the Closing if a condition to the performance of BUYER hereunder shall not be fulfilled on or before the Closing Date, may terminate date specified for the fulfillment thereof or if a material default under or a material breach of this Agreement in the event of a breach by Stockholders material misstatement, error or Company omission in the observance any representation or warranty set forth herein or in any certificate, exhibit, schedule or other document furnished by the due and timely performance of any of SHAREHOLDER pursuant hereto shall occur or be made by the agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured on or before the Closing DateSHAREHOLDER.

Appears in 1 contract

Samples: Stock Transfer Agreement (Red Bell Brewing Co)

Termination by Buyer. Buyer, by notice in the manner hereinafter provided in Section 17.6 on or before the Closing Date, may terminate this Agreement if any of the conditions set forth in Article 11 shall not have been satisfied or in the event of a breach by Stockholders Seller or Company any Shareholder in the observance or in the due and timely performance of any of the agreements or conditions contained herein in this Agreement on their part to be performed, and such breach shall not have been cured on or before the Closing Datewithin 15 days after notice to Seller.

Appears in 1 contract

Samples: Purchase and Sale of Assets Agreement (Market & Research Corp.)

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Termination by Buyer. Buyer, by notice in the manner hereinafter provided on If there has been a material violation or before the Closing Date, may terminate this Agreement in the event of a breach by Stockholders or Company in the observance or in the due and timely performance Seller of any of the agreements agreements, representations or conditions warranties contained herein on their part in this Agreement which has not been waived in writing by Buyer, then Buyer may, by written notice to be performed, and such breach shall not have been cured on or before Seller at any time prior to the Closing Datethat such violation or breach is continuing, terminate this Agreement with the effect set forth in Section 13.2.3 hereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Zitel Corp)

Termination by Buyer. Buyer, by notice in the manner hereinafter provided on or before the Closing Date, may terminate this Agreement in the event of a breach by Stockholders Members or Company in the observance or in the due and timely performance of any of the agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured on or before the Closing Date.

Appears in 1 contract

Samples: Membership Interests Agreement (U S Liquids Inc)

Termination by Buyer. (a) Buyer, by notice in the manner hereinafter provided on or before the Closing Date, may terminate this Agreement in the event of a breach by Stockholders General Partner or Company Seller in the observance or in the due and timely performance of any of the agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured on or before the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale of Assets Agreement (U S Liquids Inc)

Termination by Buyer. Buyer, by notice in the manner hereinafter provided on or before the Closing Date, Buyer may terminate this Agreement in prior to the event of Closing by giving written notice to the Sellers if there has been a material violation or breach by Stockholders or Company in the observance or in the due and timely performance Sellers of any agreement, covenant, representation or warranty contained in this Agreement that has not been cured within five days after receipt of written notice thereof; or the agreements Closing does not occur on or conditions contained herein on their part prior to DECEMBER 21, 2001, or such later date as may be performedagreed to in writing by the parties, and such breach shall provided that Buyer will not have been cured on or before the Closing Datecaused such failure to close.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tag It Pacific Inc)

Termination by Buyer. Buyer, by notice in the manner hereinafter provided on or before the Closing Date, may terminate this Agreement in the event of a breach by Stockholders Stockholder or Company in the observance or in the due and timely performance of any of the agreements or conditions contained herein on their part to be performed, and such breach shall not have been cured on or before the Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (U S Liquids Inc)

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