Common use of Due Diligence Termination Clause in Contracts

Due Diligence Termination. (a) Assignor shall afford any and all authorized representatives of the Company access, during normal business hours, to its employees, properties, books, contracts and records and shall furnish promptly all information concerning its business, properties and personnel and copies of any of its books, records or contracts as the Company or its representatives shall request; provided, that no investigation pursuant to this Section 6 shall effect or be deemed to modify any representation or warranty made in this Agreement by Assignor. (b) Until the date which is ten days after Assignor delivers to the Company the Audited Statements pursuant to Section 4(d) hereof, the Company shall have the right to terminate this Agreement if the Company shall determine in its sole discretion, based on its investigation of Assignor pursuant to Section 6(a) or a review of such Audited Statements, that consummating the transactions contemplated hereby would not be in the best interests of the Company. (c) The Company shall have the right to terminate this Agreement if the Company does not receive requisite approval of the transactions contemplated hereunder from its Board of Directors and/or stockholders on or before February 15, 1998.

Due Diligence Termination. (a) Assignor shall afford any and all authorized representatives of the Company access, during normal business hours, to its employees, properties, books, contracts and records and shall furnish promptly all information concerning its business, properties and personnel and copies of any of its books, records or contracts as the Company or its representatives shall request; provided, that no investigation pursuant to this Section 6 shall effect or be deemed to modify any representation or warranty made in this Agreement by Assignor. (b) Until the earlier of (i) the Closing Date and (ii) the date which is ten days after Assignor delivers to the Company prepares the Audited Financial Statements of Assignor pursuant to Section 4(d) hereof, the Company shall have the right to terminate this Agreement if the Company shall determine in its sole discretion, based on its investigation of Assignor pursuant to Section 6(a) or a review of such Audited Financial Statements, that consummating the transactions contemplated hereby would not be in the best interests of the Company. (c) The Company shall have the right to terminate this Agreement if the Company does not receive requisite approval of the transactions contemplated hereunder from its Board of Directors and/or preferred stockholders on or before February 1522, 1998.

Due Diligence Termination. (a) Assignor The Operating Company and the Principals shall afford any and all authorized representatives of the Company access, during normal business hours, to its employees, properties, books, contracts and records and shall furnish promptly all information concerning its business, properties and personnel and copies of any of its books, records or contracts as the Company or its representatives shall request; provided, that no investigation pursuant to this Section 6 shall effect or be deemed to modify any representation or warranty made in this Agreement by Assignorthe Operating Company. (b) Until the date which is ten days after Assignor the Operating Company delivers to the Company the Audited Statements pursuant to Section 4(d4(e) hereof, the Company shall have the right to terminate this Agreement if the Company shall determine in its sole discretion, based on its investigation of Assignor the Operating Company pursuant to Section 6(a) or a review of such Audited Statements, that consummating the transactions contemplated hereby would not be in the best interests of the Company. (c) The Company shall have the right to terminate this Agreement if the Company does not receive requisite approval of the transactions contemplated hereunder from its Board of Directors and/or stockholders on or before February 15, 1998the Closing Date.