Failure of Conditions Precedent. (i) by Buyer if any of the conditions in Article 8 has not been satisfied as of the Closing Date or if satisfaction of such a condition is or becomes impossible (other than through the failure of Buyer to comply with its obligations under this Agreement) and Buyer has not waived such condition on or before the Closing Date; or (ii) by Sellers, if any of the conditions in Article 9 has not been satisfied of the Closing Date or if satisfaction of such a condition is or becomes impossible (other than through the failure of Sellers to comply with their obligations under this Agreement) and Sellers have not waived such condition on or before the Closing Date.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Tower Tech Holdings Inc.), Stock Purchase Agreement (Broadwind Energy, Inc.)
Failure of Conditions Precedent. (i) by By Buyer if any of the conditions in Article 8 has not been satisfied as of the Closing Date or if satisfaction of such a condition is or becomes impossible (other than through the failure of Buyer to comply with its obligations under this Agreement) and Buyer has not waived such condition on or before the Closing Date; or (ii) by SellersSeller, if any of the conditions in Article 9 has not been satisfied of the Closing Date or if satisfaction of such a condition is or becomes impossible (other than through the failure of Sellers Seller to comply with their obligations under this Agreement) and Sellers Seller have not waived such condition on or before the Closing Date.
Appears in 1 contract
Sources: Stock Purchase Agreement (Titan Energy Worldwide, Inc.)