Termination by Lapse of Time. This Agreement may be terminated by either the Buyer or the Seller, if the transactions contemplated hereby have not been consummated within 60 days of the date hereof, unless such date is extended by the written consent of the parties hereto (provided that the right to terminate this Agreement under this Section 12.1 shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of or resulted in the failure of the conditions precedent to the transactions contemplated by this Agreement to occur on or before such date and such failure constitutes a breach of this Agreement).
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ciphergen Biosystems Inc), Asset Purchase Agreement (Ciphergen Biosystems Inc)
Termination by Lapse of Time. This Agreement may be terminated by either the Buyer or the Seller, if the transactions contemplated hereby have not been consummated within 60 days of the date hereofby December 15, 2004, unless such date is extended by the written consent of the parties Parties hereto (provided that the right to terminate this Agreement under this Section 12.1 shall not be available to any party Party whose failure to fulfill any obligation under this Agreement has been the cause of or resulted in the failure of the conditions precedent to the transactions contemplated by this Agreement to occur on or before such date and such failure constitutes a breach of this Agreement).
Appears in 1 contract
Samples: Asset Purchase Agreement (Ciphergen Biosystems Inc)
Termination by Lapse of Time. This Agreement may be terminated by either the Buyer Purchaser or the Seller, if the transactions contemplated hereby have not been consummated within 60 days of the date hereofby November 12, 2006, unless such date is extended by the written consent of the parties hereto (provided that the right to terminate this Agreement under this Section 12.1 shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of or resulted in the failure of the conditions precedent to the transactions contemplated by this Agreement to occur on or before such date and such failure constitutes a breach of this Agreement).
Appears in 1 contract
Samples: Share and Asset Purchase Agreement (Advanced Analogic Technologies Inc)
Termination by Lapse of Time. This Agreement may be terminated by either the Buyer or the Seller, if the transactions contemplated hereby have not been consummated within 60 days of the date hereofby June 30, 1999, unless such date is extended by the written consent of the parties hereto (provided that the right to terminate this Agreement under this Section 12.1 11.1 shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of or resulted in the failure of the conditions precedent to the transactions contemplated by this Agreement to occur on or before such date and such failure constitutes a breach of this Agreement).
Appears in 1 contract
Termination by Lapse of Time. This Agreement may be terminated by either the Company or the Buyer or the Selleron June 5, 2008, if the transactions contemplated hereby have Closing has not been consummated within 60 days of the date hereofoccurred; provided, unless such date is extended by the written consent of the parties hereto (provided however, that the right to terminate this Agreement under this Section 12.1 8.1 shall not be available to any party whose failure to fulfill any obligation under this Agreement has shall have been the a principal cause of of, or shall have resulted in in, the failure of the conditions precedent to the transactions contemplated by this Agreement Closing to occur on or before prior to such date and such failure constitutes a breach of this Agreement)date.
Appears in 1 contract
Samples: Merger Agreement (Analogic Corp)