Common use of Remedies of the Purchaser Clause in Contracts

Remedies of the Purchaser. (a) If the Vendor fails to comply with any term of this Agreement and or the New Zealand Business Sale Agreement, without limiting the remedies available to the Purchaser at law or in equity, the Purchaser may ▇▇▇ the Vendor for breach, and in addition if the Vendor has failed to comply with any material term of this Agreement on or before Completion, the Purchaser may, at its discretion: (i) defer Completion to any subsequent Business Day not more than 10 Business Days after the scheduled Completion Date or any later date set for Completion in accordance with this clause (in such event, this clause will apply to the scheduled Completion Date so deferred); Business Sale Agreement (ii) if applicable, waive the requirement to fulfil that material term, in whole or in part, and following such waiver to complete the sale and purchase of the Assets; (iii) so far as practicable, complete the sale and purchase of the Assets; or (iv) terminate this Agreement where the Purchaser has given notice of default and the Vendor has failed to remedy the default within 15 Business Days of that notice. (b) On termination of this Agreement by the Purchaser under clause 19.2(a)(iv), the Purchaser is discharged from any further obligation or Liability (except for any accrued Liability) under this Agreement.

Appears in 1 contract

Sources: Business Sale Agreement (Hexion Specialty Chemicals, Inc.)

Remedies of the Purchaser. (a) If the Vendor fails to comply with any term of this Agreement and or the New Zealand Australian Business Sale Agreement, without limiting the remedies available to the Purchaser at law or in equity, the Purchaser may ▇▇▇ the Vendor for breach, and in addition if the Vendor has failed to comply with any material term of this Agreement on or before Completion, the Purchaser may, at its discretion: (i) defer Completion to any subsequent Business Day not more than 10 Business Days after the scheduled Completion Date or any later date set for Completion in accordance with this clause (in such event, this clause will apply to the scheduled Completion Date so deferred); Business Sale Agreement; (ii) if applicable, waive the requirement to fulfil that material term, in whole or in part, and following such waiver to complete the sale and purchase of the Assets; (iii) so far as practicable, complete the sale and purchase of the Assets; or (iv) terminate this Agreement where the Purchaser has given notice of default and the Vendor has failed to remedy the default within 15 Business Days of that notice. (b) On termination of this Agreement by the Purchaser under clause 19.2(a)(iv20.2(a)(iv), the Purchaser is discharged from any further obligation or Liability (except for any accrued Liability) under this Agreement.

Appears in 1 contract

Sources: Business Sale Agreement (Hexion Specialty Chemicals, Inc.)