Common use of Breach by GFI Clause in Contracts

Breach by GFI. GFI shall have breached or failed to perform any of its representations, warranties or covenants contained in this Agreement, which breach or failure to perform (A) is incapable of being cured by GFI prior to the Outside Date or is not cured by the earlier of (x) fifteen (15) days following written notice to GFI by Parent of such breach or (y) the Outside Date and (B) would result in the failure of any condition set forth in Exhibit A to be satisfied; provided that Parent, or Purchaser is not then in breach of any representation, warranty, covenant or agreement contained in this Agreement that would permit GFI to terminate this Agreement pursuant to Section 7.1(d)(i);

Breach by GFI. GFI shall have breached or failed to perform any of its representations, warranties or covenants contained in this Agreement, which breach or failure to perform (A) is incapable of being cured by GFI prior to the Outside Date or is not cured by the earlier of (x) fifteen (15) days following written notice to GFI by Parent BGCP of such breach or (y) the Outside Date and (B) would result in the failure of any condition set forth in Exhibit A to be satisfied; provided that Parent, or neither BGCP nor Purchaser is not then in breach of any representation, warranty, covenant or agreement contained in this Agreement that would permit GFI to terminate this Agreement pursuant to Section 7.1(d)(i);