Common use of Certain Seller Rights to Terminate Clause in Contracts

Certain Seller Rights to Terminate. The Selling Parties, acting jointly, may terminate this Agreement by giving written notice to the Buyer at any time prior to the Closing in any of the following events (which such notice shall be made and effective as provided in Section 11.9 hereof): (i) in the event the Buyer has breached any representation, warranty, or covenant contained in this Agreement the result of which breach is to cause the conditions set forth in Section 6.2(a) or (b) not to be satisfied (provided that any failure by the Buyer to provide the notice required pursuant to Section 5.3 shall only be deemed a breach of the representation or warranty with respect to which such notice should have been made); or (ii) in the event the Closing shall not have occurred on or before December 31, 2001, by reason of the failure of any condition precedent under Section 6.2 hereof (unless the failure results primarily from the breach by the Seller and/or any of its Subsidiaries of any representation, warranty, or covenant contained in this Agreement). A termination pursuant to clause (i) of this Section 8.4 is referred to herein as a "Buyer Default Termination".

Certain Seller Rights to Terminate. The Selling PartiesSellers, acting jointly, may terminate this Agreement by giving written notice to the Buyer at any time prior to the Closing in any of the following events (which such notice shall be made and effective as provided in Section 11.9 11.8 hereof): (i) in the event the Buyer has breached any representation, warranty, or covenant contained in this Agreement the result of which breach is to cause the conditions set forth in Section 6.2(a) or (b6.2(b) not to be satisfied (provided that any failure by the Buyer to provide the notice required pursuant to Section 5.3 shall only be deemed a breach of the representation or warranty with respect to which such notice should have been made); or (ii) in the event the Closing shall not have occurred on or before December 31February 15, 20012004, by reason of the failure of any condition precedent under Section 6.2 hereof (unless the failure results primarily from the breach by the Seller and/or any of its Subsidiaries of any representation, warranty, or covenant contained in this Agreement). A termination pursuant to clause (i) of this Section 8.4 is referred to herein as a "“Buyer Default Termination".”