Common use of Acceptance Notice Clause in Contracts

Acceptance Notice. (or in the case of an order or injunction arising out of any proceeding initiated by the Investor or any member of the Investor Group, such later date on which such order or injunction becomes final and nonappealable), or (y) the Unsolicited Offer is terminated without the condition set forth in the second sentence of this Section 6.5 (e) being satisfied, then the Investor or the Company in the case of the preceding clause (x), or the Company in the case of the preceding clause (y), may, prior to the acceptance for payment of shares pursuant to the Unsolicited Offer, terminate the agreement deemed to exist upon delivery of the applicable Section 6.5 Acceptance Notice by delivering written notice to the other; provided that no such termination shall excuse a party for a breach of its obligations thereunder and, in the case of a termination by the Company pursuant to clause (x), the party having given the applicable Section 6.5 Transfer Notice shall be free to sell the Section 6.5 Securities into the Unsolicited Offer.