Common use of Termination by Either Purchaser or the Company Clause in Contracts

Termination by Either Purchaser or the Company. This Agreement may be terminated and the Merger may be abandoned by action of either the board of directors of Purchaser or the Board of Directors if (i) Merger Sub, or any Purchaser Company, shall have terminated the Offer without purchasing any Shares pursuant thereto; provided, in the case of termination of this Agreement by Purchaser, such termination of the Offer is not in violation of the terms of the Offer or (ii) the Merger shall not have been consummated by September 30, 1997 whether or not such date is before or after the approval by holders of Shares or (iii) the approval of shareholders required by Section 8.1(a) shall not have been obtained at a meeting duly convened therefor.

Termination by Either Purchaser or the Company. This Agreement may be terminated and the Merger may be abandoned by action of either the board of directors of Purchaser or the Board of Directors if of either Purchaser or the Company if: (i) Merger Subthe Purchaser, or any Purchaser Company, shall have terminated the Offer without purchasing any Shares pursuant thereto; provided that the right to terminate this Agreement under this Section 9.2 (i) shall not be available to the Purchaser or any Purchaser Company whose failure to fulfill any obligation under this Agreement has been the cause or results in the failure to purchase such Shares; and provided, further, that in the case of termination of this Agreement by Purchaser, such termination of the Offer is not in violation of the terms of the Offer Offer; or (ii) without fault of the terminating party, the Merger shall not have been consummated by September 30December 31, 1997 1999, whether or not such date is before or after the approval by holders of Shares or (iii) the approval of shareholders required by Section 8.1(a) shall not have been obtained at a meeting duly convened thereforShares.