Section 8.01. Termination Sample Clauses

Section 8.01. Termination. The reference in Section 8.01(g) of the Purchase Agreement to “sixty-five (65) calendar days” is hereby changed to “seventy (70) calendar days.”

Section 8.01. Termination. This Agreement may be terminated at any time prior to the Effective Time, whether before or after receipt of the FBB Stockholder Approval or the Required DXL Stockholder Vote, by action taken or authorized by the board of directors of the terminating party or parties: (a) by mutual consent of DXL and FBB in a written instrument; (b) by either DXL or FBB if any Governmental Entity of competent jurisdiction shall have issued a final and non-appealable order permanently enjoining or otherwise prohibiting the consummation of the Merger or the other Transactions; (c) by either DXL or FBB if the Required DXL Stockholder Vote shall not have been obtained at the DXL Stockholders Meeting or any adjournment or postponement thereof at which the vote was taken; provided that DXL may not terminate this Agreement pursuant to this ‎Section 8.01(c) if DXL’s breach of its obligations under this Agreement proximately contributed to the failure to have obtained the Required DXL Stockholder Vote at the DXL Stockholders Meeting or any adjournment or postponement thereof; (d) by either DXL or FBB if the FBB Stockholder Approval shall not have been obtained within five (5) calendar days of the date hereof; provided that FBB may not terminate this Agreement pursuant to this ‎Section 8.01(d) if FBB’s breach of its obligations under this Agreement proximately contributed to the failure to have obtained the FBB Stockholder Approval; (e) by either DXL or FBB if the Merger shall not have been consummated on or before September 11, 2026 (the “End Date”), subject to extension in accordance with the provisions set forth in this ‎Section 8.01(e) and ‎Section 8.04; provided that no party may terminate this Agreement pursuant to this ‎Section 8.01(e) if such party’s breach of its obligations under this Agreement proximately contributed to the failure of the Closing to occur by the End Date (or any extension of the End Date in accordance with the provisions set forth in this ‎Section 8.01(e) and ‎Section 8.04); (f) by DXL if there shall have been a breach of any of the covenants or agreements or any inaccuracy of any of the representations or warranties set forth in this Agreement on the part of FBB, which breach or inaccuracy, either individually or in the aggregate, would result in, if occurring or continuing on the Closing Date, the failure of the conditions set forth in ‎Section 7.02(a) or ‎(b), and such breach or inaccuracy is incapable of being cured, or is not cured, by FBB by the End...