Common use of Termination by the Investor Clause in Contracts

Termination by the Investor. This Agreement may be terminated prior to the Redemption Date by the Investor if: (a) the Merger Agreement is terminated or amended to increase the amount or aggregate value of consideration to be paid to the Company’s stockholders pursuant to the Merger Agreement or the Company and GCA otherwise agree to increase the amount or aggregate value of consideration to be paid to the Company’s stockholders in connection with the Merger; or (b) there has been a breach of any representation, warranty, covenant or agreement made by the Company in this Agreement, or any such representation and warranty shall have become untrue after the date of this Agreement, such that a condition to closing set forth in Section 3.2 hereof would not be satisfied and such breach or failure to be true is not curable or, if curable, is not cured within the ten (10) days after written notice thereof is given by the Investor to the Company; or (c) at any time after December 31, 2008.