Common use of Termination of Purchase Obligation Clause in Contracts

Termination of Purchase Obligation. The obligation of Seller and Buyer to sell and purchase, respectively, the Shares under this Agreement shall become null and void and of no force and effect upon the earlier of (i) the termination of the Merger Agreement or abandonment of the Merger or (ii) 11:59 p.m. eastern standard time on November 7, 2009 if the Merger has not been consummated by such date. Notwithstanding any provision in this Agreement to the contrary, Buyer’s obligation to purchase the Shares from Seller and Seller’s obligation to sell the Shares to Buyer shall be conditioned on the consummation of the Merger.

Termination of Purchase Obligation. The obligation of Seller and Buyer to sell and purchase, respectively, the Shares under this Agreement shall become null and void and of no force and effect upon the earlier of (i) the termination of the Merger Acquisition Agreement or abandonment of the Merger Acquisition or (ii) 11:59 p.m. eastern standard time on November 7October 22, 2009 if the Merger Acquisition has not been consummated by such date. Notwithstanding any provision in this Agreement to the contrary, Buyer’s obligation to purchase the Shares from Seller and Seller’s obligation to sell the Shares to Buyer shall be conditioned on the consummation of the MergerAcquisition.

Termination of Purchase Obligation. The obligation of Seller and Buyer to sell and purchase, respectively, the Shares under this Agreement shall become null and void and of no force and effect upon the earlier of (i) the termination of the Merger Acquisition Agreement or abandonment of the Merger Acquisition or (ii) 11:59 p.m. eastern standard time on November 721, 2009 if the Merger Acquisition has not been consummated by such date. Notwithstanding any provision in this Agreement to the contrary, Buyer’s obligation to purchase the Shares from Seller and Seller’s obligation to sell the Shares to Buyer shall be conditioned on the consummation of the MergerAcquisition.

Termination of Purchase Obligation. The obligation of Seller and Buyer to sell and purchase, respectively, the Shares under this Agreement shall become null and void and of no force and effect upon the earlier of (i) the termination of the Merger Purchase Agreement or abandonment of the Merger Acquisition or (ii) 11:59 p.m. eastern standard daylight time on November 7August 1, 2009 if the Merger Acquisition has not been consummated by such date. Notwithstanding any provision in this Agreement to the contrary, Buyer’s obligation to purchase the Shares from Seller and Seller’s obligation to sell the Shares to Buyer shall be conditioned on the consummation of the MergerAcquisition.

Termination of Purchase Obligation. The obligation of Seller and Buyer Secure to sell and purchase, respectively, the Shares under this Agreement shall become null and void and of no force and effect upon the earlier of (i) the termination of the Merger Purchase Agreement or abandonment of the Merger Acquisition or (ii) 11:59 p.m. eastern standard time on November 7October 29, 2009 if the Merger Acquisition has not been consummated by such date. Notwithstanding any provision in this Agreement to the contrary, BuyerSecure’s obligation to purchase the Shares from Seller and Seller’s obligation to sell the Shares to Buyer Secure shall be conditioned on the consummation of the MergerAcquisition.

Termination of Purchase Obligation. The obligation of Seller and Buyer to sell and purchase, respectively, the Shares under this Agreement shall become null and void and of no force and effect upon the earlier of (i) the termination of the Merger Agreement or abandonment of the Merger or (ii) 11:59 p.m. eastern standard time on November 714, 2009 if the Merger has not been consummated by such date. Notwithstanding any provision in this Agreement to the contrary, Buyer’s obligation to purchase the Shares from Seller and Seller’s obligation to sell the Shares to Buyer shall be conditioned on the consummation of the Merger.

Termination of Purchase Obligation. The obligation of Seller and Buyer to sell and purchase, respectively, the Shares under this Agreement shall become null and void and of no force and effect upon the earlier of (i) the termination of the Merger Acquisition Agreement or abandonment of the Merger Acquisition or (ii) 11:59 p.m. eastern standard daylight time on November 7October 5, 2009 if the Merger Acquisition has not been consummated by such date. Notwithstanding any provision in this Agreement to the contrary, Buyer’s obligation to purchase the Shares from Seller and Seller’s obligation to sell the Shares to Buyer shall be conditioned on the consummation of the MergerAcquisition.