Termination upon End Date. by either Parent or the Company, upon written notice to the other party, at any time after November 12, 2023 (as such date may be extended pursuant to the following proviso, the “End Date”) and prior to the Acceptance Time if the Acceptance Time shall not have occurred on or before the End Date; provided, that the right to terminate this Agreement pursuant to this Section 8.1(b) shall not be available to any party (or any Affiliate of such party) whose breach of any provision of this Agreement has been the proximate cause of, or resulted in, the failure of the Acceptance Time to have occurred on or before the End Date;
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Samples: Agreement and Plan of Merger (Harmony Biosciences Holdings, Inc.), Agreement and Plan of Merger (Zynerba Pharmaceuticals, Inc.), Agreement and Plan of Merger (Harmony Biosciences Holdings, Inc.)
Termination upon End Date. by either Parent or the Company, upon written notice to the other party, at any time after November 12, 2023 (as such date may be extended pursuant to the following proviso, the “End Date”) and prior to the Acceptance Time if the Offer Acceptance Time shall not have occurred on or before 5:00 p.m., Eastern Time, on August 28, 2024 (the “End Date”); provided, that neither Parent nor the right Company shall be permitted to terminate this Agreement pursuant to this Section 8.1(b9.1(b)(i) shall not be available to any party (or any Affiliate of such party) whose breach of any provision of this Agreement has been in the proximate cause of, or resulted in, event that the failure of the Offer Acceptance Time to have occurred occur on or before prior to the End Date;Date is attributable to the failure on the part of such Party to perform in any material respect any covenant or obligation in this Agreement required to be performed by such Party; or
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