Termination for Failure to Close. This Agreement may be terminated by any party hereto if the Closing shall not have occurred by October 31, 1999, PROVIDED THAT, the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Nutriceuticals Com Corp), Agreement and Plan of Reorganization (Dynamic Health Products Inc)
Termination for Failure to Close. This Agreement may shall automatically be terminated by any party hereto if the Closing Date shall not have occurred by October 31July 7, 19992016; provided, PROVIDED THAT, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any party Party whose failure to fulfill breach of any provision of its obligations hereunder has been the cause of or resulted this Agreement results in the failure of the Closing to consummate the transactions contemplated hereby have occurred by the foregoing datesuch time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Miramar Labs, Inc.), Agreement and Plan of Merger and Reorganization (Miramar Labs, Inc.)
Termination for Failure to Close. This Agreement may shall be automatically terminated by any party hereto if the Closing Date shall not have occurred by October 316, 19992014 provided, PROVIDED THAThowever, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any party whose failure to fulfill that has breached in any of material respect its obligations hereunder has been under this Agreement in any manner that shall have proximately contributed to the cause occurrence of or resulted in the failure of a condition to consummate the consummation of the transactions contemplated hereby by the foregoing datethis Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (REGAL ONE Corp), Asset Purchase Agreement (REGAL ONE Corp)
Termination for Failure to Close. This Agreement may be terminated by -------------------------------- any party of the parties hereto if the Closing shall not have occurred by October 3115, 1999, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Samples: Xceed Inc
Termination for Failure to Close. This Agreement may be terminated by any party of the parties hereto if the Closing shall not have occurred by October 31April 29, 19992002, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby Exchange by the foregoing date.
Appears in 1 contract
Samples: Stock for Stock Exchange Agreement (New York Health Care Inc)
Termination for Failure to Close. This Agreement may be terminated by any party of the parties hereto if the Closing shall not have occurred by October 31_______________, 19992001, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby Merger by the foregoing date.
Appears in 1 contract
Termination for Failure to Close. This Agreement may be terminated by any party hereto if the Closing shall not have occurred by October 31August 17, 19992002, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Termination for Failure to Close. This Agreement may be terminated by any party of the parties hereto if the Closing shall not have occurred by October May 31, 19992002, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby Sale by the foregoing date.
Appears in 1 contract
Samples: Agreement (Internet Vip Inc)
Termination for Failure to Close. This Agreement may be terminated by -------------------------------- any party of the parties hereto if the Closing shall not have occurred by October 31November 3, 1999, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Termination for Failure to Close. This Agreement may be terminated terminated, by any party hereto Party, if the Closing Date shall not have occurred by October 31September 30, 19992021; provided, PROVIDED THAT, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any party Party whose failure to fulfill breach of any provision of its obligations hereunder has been the cause of or resulted this Agreement results in the failure of the Closing to consummate the transactions contemplated hereby have occurred by the foregoing datesuch time.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Brain Scientific Inc.)
Termination for Failure to Close. This Agreement may be terminated by -------------------------------- any party of the parties hereto if the Closing shall not have occurred by October July 31, 19992000, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 -------- ---- section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Xceed Inc)
Termination for Failure to Close. This Agreement may be terminated by any party hereto if the Closing shall not have occurred by October July 31, 1999, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 8.2 shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Continental Choice Care Inc)
Termination for Failure to Close. This Unless extended by mutual written consent of the parties hereto, this Agreement may be terminated by any party hereto if the Closing shall not have occurred by October 31April 30, 1999, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Skylynx Communications Inc)
Termination for Failure to Close. This Agreement may be terminated by any party hereto if the Closing shall not have occurred by October 31, 1999, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 11.2 shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Omnilynx Communications Corp)
Termination for Failure to Close. This Agreement may be terminated by -------------------------------- any party of the parties hereto if the Closing shall not have occurred by October January 31, 19992000, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Xceed Inc)
Termination for Failure to Close. This Agreement may be terminated by any party hereto the Purchaser, the Company or the Stockholder if the Closing shall not have occurred by October 31November 30, 19992012, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Termination for Failure to Close. This Agreement may be terminated by any party of the parties hereto if the Closing shall not have occurred by October August 31, 19991996, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Polish Telephones & Microwave Corp)
Termination for Failure to Close. This Agreement may be terminated by -------------------------------- any party of the parties hereto if the Closing shall not have occurred by October August 31, 1999, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby Merger by the foregoing date.
Appears in 1 contract
Termination for Failure to Close. This Agreement may be terminated by any party of the parties hereto if the Closing shall not have occurred by October 31November 15, 19991997, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Appears in 1 contract
Termination for Failure to Close. This Agreement may be terminated by any party of the parties hereto if the Closing shall not have occurred by October 31February 8, 19992000, PROVIDED THATprovided that, the right to terminate this Agreement pursuant to this Section 7.2 section shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby Merger by the foregoing date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Stateside Fundings Inc)