Upset Date. If the Closing shall not have occurred on or prior to the Upset Date as extended as provided in Section 8.1(a)(3) or Section 8.1(a)(4), unless the failure of the Closing to occur was principally caused by any Buyer's or Charter's failure to act in good faith or a breach of or failure to perform any of its representations, warranties, covenants or other obligations in accordance with the terms of this Agreement.
Upset Date. If the Closing shall not have occurred on or before December 31, 1997.
Upset Date. If the Closing shall not have occurred by May 1, 1997.
Upset Date. If the Closing shall not have occurred by April 1, 1998.
Upset Date. In the event that the Closing shall not have occurred on or prior to January 31, 2007 then, unless otherwise agreed to in writing by the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence shall be due to the failure or refusal of the party seeking to terminate this Agreement of the type described in Section 10.2.
Upset Date. If Closing shall not have occurred on or prior to November 14, 1998; provided, however, that Buyer shall not be entitled to terminate this Agreement pursuant to this Section 10.2(e) if (a) the Closing shall not have occurred on or prior to November 14, 1998, as a result of the intentional breach of this Agreement by Buyer or (b) the Closing has been postponed beyond November 14, 1998 pursuant to Section 9.1(a)(2), but only for such period as is required to cure the condition warranting such postponement.
Upset Date. If the Closing shall not have occurred on or prior to the Upset Date, unless the failure of the Closing to occur was principally caused by Buyer's failure to act in good faith or a breach of its obligations in accordance with the terms of this Agreement.
Upset Date. By either Buyer or the Selling Shareholders if the Closing has not occurred (other than through the fault of the party seeking to terminate this Agreement) on or before October 15, 1998, or such later date as the parties may agree upon.
Upset Date. If the Closing shall not have occurred within eighteen (18) months of the date of this Agreement.
Upset Date. If the Closing shall not have occurred by February 19, 2000.
