Common use of Termination of DRM Selling/Buying obligations Clause in Contracts

Termination of DRM Selling/Buying obligations. The obligation of Seller to sell and of Buyer to purchase DRM in a DRM Merchandise Category in accordance with Section 4(b)(i) will end on the 111th day following the third anniversary or the fourth anniversary of the Effective Date, whichever is applicable (the 111th day, the “End Date”), but only if the following two conditions are satisfied: (A) Seller, not earlier than the 60th day and not later than the 90th day following the third anniversary or the fourth anniversary of the Effective Date, as the case may be, offers by a written notice delivered to Buyer (the date the notice is delivered, the “Offered DRM Notice Date”) a Right of First Refusal (the “Offered DRM Right of First Refusal”) to purchase all identified items comprising one or more of the DRM Merchandise Categories as of the Offered DRM Notice Date (the “Offered DRM”) for the price and on the other material terms and conditions (including completing the purchase not earlier than 10 days after, and not later than 15 days after, the Offered DRM Notice Date) specified in a bona fide offer to Seller from an unrelated third party for the entire Offered DRM (and the offer has not been withdrawn) (the “Offered DRM Third-Party Offer”) and (B) Buyer fails to exercise the Offered DRM Right of First Refusal by (1) delivering written notice to Seller on or before the 5th day following the Offered DRM Notice Date of Seller’s intention to purchase the Offered DRM on the same terms and conditions as the terms and conditions of the Offered DRM Third-Party Offer, and (2) completing the purchase of the entire Offered DRM on the same terms and conditions as the terms and conditions of the Offered DRM Third-Party Offer.

Termination of DRM Selling/Buying obligations. The obligation of Seller to sell and of Buyer to purchase DRM in a DRM Merchandise Category in accordance with Section 4(b)(i) will end on the 111th day following the third anniversary or the fourth anniversary of the Effective Date, whichever is applicable (the 111th day, the “End Date”), but only if the following two conditions are satisfied: (A) Seller, not earlier than the 60th day and not later than the 90th day following the third anniversary or the fourth anniversary of the Effective Date, as the case may be, offers by a written notice delivered to Buyer (the date the notice is delivered, the “Offered DRM Notice Date”) a Right of First Refusal (the “Offered DRM Right of First Refusal”) to purchase all identified items comprising one or more of the DRM Merchandise Categories as of the Offered DRM Notice Date (the “Offered DRM”) for the price and on the other material terms and conditions (including completing the purchase not earlier than 10 days after, and not later than 15 days after, the Offered DRM Notice Date) specified in a bona fide offer to Seller from an unrelated third party for the entire Offered DRM (and the offer has not been withdrawn) (the “Offered DRM Third-Party Offer”) and (B) Buyer fails to exercise the Offered DRM Right of First Refusal by (1) delivering written notice to Seller on or before the 5th day following the Offered DRM Notice Date of Seller’s intention to purchase the Offered DRM on the same terms and conditions as the terms and conditions of the Offered DRM Third-Party Offer, and (2) completing the purchase of the entire Offered DRM on the same terms and conditions as the terms and conditions of the Offered DRM Third-Party Offer.