Common use of TERMINATION BY THE PARTIES Clause in Contracts

TERMINATION BY THE PARTIES. If the Closing has not occurred by the close of business on February 28, 2012, then any Party hereto may, with ten days notice, thereafter terminate this Agreement by written notice to such effect, to the other Parties hereto, without liability of or to any Party to this Agreement or any shareholder, director, officer, employee or representative of such Party, unless the reason for Closing having not occurred is: (a) such terminating Party’s breach of the provisions of this Agreement, or (b) if all of the conditions to such terminating Party’s obligations set forth in Article V and Article VI have been satisfied or waived in writing by the date scheduled for the Closing, and, notwithstanding such satisfaction or waiver, such terminating Party fails or refuses to close the transactions contemplated by this Agreement.

TERMINATION BY THE PARTIES. If the Closing Effective Time of the Merger has not occurred by the close of business on February 28March 31, 20122009, then any Party hereto may, with ten days notice, may thereafter terminate this Agreement by written notice to such effect, to the other Parties hereto, without liability of or to any Party to this Agreement or any shareholder, director, officer, employee or representative of such Party, unless the reason for Closing such Effective Time having not occurred is: (a) such terminating Party’s willful breach of the provisions of this Agreement, or (b) if all of the conditions to such terminating Party’s obligations set forth in Article V and Article VI have been satisfied or waived in writing by the date scheduled for the Closing, and, notwithstanding such satisfaction or waiver, such terminating Party fails or refuses to close the transactions contemplated by this Agreement.

TERMINATION BY THE PARTIES. If the Closing Effective Time of the Merger has not occurred by the close of business on February 28, 2012the Effective Time, then any Party hereto may, with ten days notice, may thereafter terminate this Agreement by written notice to such effect, to the other Parties hereto, without liability of or to any Party to this Agreement or any shareholder, director, officer, employee or representative of such Party, unless the reason for Closing such Effective Time having not occurred is: (a) such terminating Party’s willful breach of the provisions of this Agreement, or (b) if all of the conditions to such terminating Party’s obligations set forth in Article V and Article VI have been satisfied or waived in writing by the date scheduled for the Closing, and, notwithstanding such satisfaction or waiver, such terminating Party fails or refuses to close the transactions contemplated by this Agreement.

TERMINATION BY THE PARTIES. If the Closing has not occurred by the close of business on February 28March 31, 20122010, then any Party hereto may, with ten days notice, may thereafter terminate this Agreement by written notice to such effect, to the other Parties hereto, without liability of or to any Party to this Agreement or any shareholder, director, officer, employee or representative of such Party, unless the reason for Closing having not occurred is: (a) such terminating Party’s willful breach of the provisions of this Agreement, or (b) if all of the conditions to such terminating Party’s obligations set forth in Article V and Article VI have been satisfied or waived in writing by the date scheduled for the Closing, and, notwithstanding such satisfaction or waiver, such terminating Party fails or refuses to close the transactions contemplated by this Agreement.

TERMINATION BY THE PARTIES. If the Closing has not occurred by the close of business on February 28March 31, 20122010, then any Party hereto may, with ten days notice, may thereafter terminate this Agreement by written notice to such effect, to the other Parties hereto, without liability of or to any Party to this Agreement or any shareholder, director, officer, employee or representative of such Party, unless the reason for Closing having not occurred is: (a) such terminating Party’s 's willful breach of the provisions of this Agreement, or (b) if all of the conditions to such terminating Party’s 's obligations set forth in Article V and Article VI have been satisfied or waived in writing by the date scheduled for the Closing, and, notwithstanding such satisfaction or waiver, such terminating Party fails or refuses to close the transactions contemplated by this Agreement.