Failed Sale definition
Failed Sale has the meaning set forth in Section 3.6(a).
Examples of Failed Sale in a sentence
If a Failed Sale occurs as a result of (i) Seller or its Affiliates’ breach of a Transaction Document or (ii) negligent or bad faith actions taken by Seller or its Affiliates, and a later Subsequent Sale occurs with the same or different third party which is consummated, for purposes of determining the Applicable Percentage, the execution date of the definitive agreement relating to the later Subsequent Sale shall be deemed to be the date of such Subsequent Sale.