Termination by Purchaser. This Agreement may be terminated and the Transaction may be abandoned at any time prior to the Closing by Purchaser if there has been a breach of any representation, warranty, covenant or agreement made by Seller in this Agreement, or any such representation and warranty shall have become untrue after the date hereof, such that Section 5.2(a) or 5.2(b) would not be satisfied and such breach or condition is not curable.
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Samples: Stock Purchase Agreement, Stock Purchase Agreement, Stock Purchase Agreement
Termination by Purchaser. This Agreement may be terminated and the Transaction may be abandoned at by Purchaser on written notice to Seller if any time prior of the conditions to the Closing set forth in Section 9.1 or Section 9.3 become inherently and definitively incapable of fulfillment on or before December 31, 2005 and shall not have been waived in writing by Purchaser, provided that Purchaser if there has been a is not then in breach in any material respect of any representationits representations, warrantywarranties, covenant covenants or agreement made by Seller agreements contained in this Agreement, or any such representation and warranty shall have become untrue after the date hereof, such that Section 5.2(a) or 5.2(b) would not be satisfied and such breach or condition is not curable.
Appears in 2 contracts
Samples: Purchase Agreement (Gencorp Inc), Purchase Agreement (American Pacific Corp)
Termination by Purchaser. This Agreement may be terminated and the Transaction may be abandoned at any time prior to the Closing by Purchaser if there has been a breach of any representation, warranty, covenant or agreement made by Seller in this Agreement, or any such representation and warranty shall have become untrue after the date hereofof this Agreement, such that Section 5.2(a4.2(a) or 5.2(b4.2(h) would not be satisfied and such breach or condition is not curable or, if curable, is not cured within 30 days after written notice thereof is given by Purchaser to Seller.
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Termination by Purchaser. This Agreement may be terminated and the Transaction may be abandoned at any time prior to the Closing by Purchaser if by giving written notice to Seller, if:
(a) there has been a material breach by Seller of any representationagreement, warrantycovenant, covenant representation or agreement made by Seller warranty contained in this Agreement, which breach shall not have been cured within thirty (30) days after notice thereof;
(b) the Closing does not occur on or prior to the Closing Date, other than due to the failure of Purchaser to comply with any such representation and warranty shall have become untrue after of its obligations under this Agreement; or
(c) the date hereof, such that Section 5.2(a) or 5.2(b) would not be satisfied and such breach or condition Share Purchase Agreement is not curableterminated pursuant to the terms thereof.
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