Common use of By Acquiror Clause in Contracts

By Acquiror. (i) if Seller breaches any of its representations and warranties or covenants contained in this Agreement, which breach (A) would give rise to the failure of a condition set forth in Article VI and (B) cannot be or has not been cured within 60 days after the giving of written notice to Seller of such breach; or (ii) if any of the conditions set forth in Sections 6.01 or 6.02 becomes incapable of fulfillment, and have not been waived by Acquiror to the extent waivable; provided, however, that the Party seeking termination pursuant to clause (c)(i), (c)(ii), (d)(i), or (d)(ii) is not in material breach of any of its representations, warranties or covenants contained in this Agreement.

By Acquiror. (i) if Seller breaches any of its representations and warranties or covenants contained in this Agreement, which breach (A) would give rise to the failure of a condition set forth in Article VI Section 6.01 or Section 6.02 and (B) cannot be or has not been cured within 60 thirty (30) days after the giving of written notice to Seller of such breach; or (ii) if any of the conditions set forth in Sections Section 6.01 or 6.02 becomes incapable of fulfillment, and have has not been waived by Acquiror to the extent waivable; . provided, however, that the Party seeking termination pursuant to clause (c)(i), (c)(ii), (d)(i), ) or (d)(ii) is not in material breach of any of its representations, warranties or covenants contained in this Agreement.

By Acquiror. (i) if Seller breaches any of its representations and warranties or covenants contained in this Agreement, which breach (A) if uncured, would give rise to the failure of a condition set forth in Article VI Section 5.01 or Section 5.02 and (B) cannot be or has not been cured within 60 days after the giving of written notice to Seller of such breachbreach (or, if earlier, the End Date); or (ii) if any of the conditions set forth in Sections 6.01 Section 5.01 or 6.02 5.02 becomes incapable of fulfillment, and have has not been waived by Acquiror to the extent waivable; provided, however, that the Party seeking termination pursuant to clause (c)(i), (c)(ii), (d)(i), ) or (d)(ii) is not in material breach of any of its representations, warranties or covenants contained in this Agreement.