Common use of By Xxxxxxxxxxxx Clause in Contracts

By Xxxxxxxxxxxx. xxx upon written notification to the Parent or the Merger-Sub, if: (i) at any time after June 30, 2000 if the Merger shall not have been consummated on or prior to such date and such failure to consummate the Merger is not caused by a breach of this Agreement by Xxxxxxxxxxxx.xxx; or (ii) there has been a material breach of any representation, warranty, covenant, or agreement on the part of the Parent or the Merger-Sub set forth in this Agreement which breach has not been cured with ten (10) business days following receipt by the Parent or the Merger-Sub of notice of such breach from Xxxxxxxxxxxx.xxx or assurance of such cure reasonably satisfactory to Xxxxxxxxxxxx.xxx shall not have been given by or on behalf of the Parent or the Merger-Sub within such ten (10) business day period; or (iii) facts exist which render impossible the satisfaction of one or more of the conditions set forth in Section 5.03 and such are not waived by Xxxxxxxxxxxx.xxx.