Termination for Failure to Close. In the event that the Closing shall not have occurred on or before 5:00 p.m., New York City Time, on September 30, 2015, either the Company or the Buyer shall have the option to terminate this Agreement at the close of business on such date or at any time thereafter, without liability to such party, by the giving of written notice of termination, unless the Closing has not occurred by reason of the failure of the party seeking to terminate this Agreement to comply in all material respects with its obligations under this Agreement.
Termination for Failure to Close. This Agreement shall automatically be terminated if the Closing Date shall not have occurred by the Outside Closing Date.
Termination for Failure to Close. This Agreement shall be automatically terminated if the Closing Date shall not have occurred by October 6, 2014 provided, however, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any party that has breached in any material respect its obligations under this Agreement in any manner that shall have proximately contributed to the occurrence of the failure of a condition to the consummation of the transactions contemplated by this Agreement.
Termination for Failure to Close. This Agreement shall be automatically terminated if the Closing shall not have occurred within ten (10) days of the date hereof (except if such 10th day is not a Business Day, then the next Business Day).
Termination for Failure to Close. This Agreement may be terminated by any party hereto if the Closing shall not have occurred by October 31, 1999, PROVIDED THAT, the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any party whose failure to fulfill any of its obligations hereunder has been the cause of or resulted in the failure to consummate the transactions contemplated hereby by the foregoing date.
Termination for Failure to Close. This Agreement shall be automatically terminated if the Closing Date shall not have occurred by January 31, 2012, unless such date is extended by mutual written consent of the Parties.
Termination for Failure to Close. If the Closing does not occur on or before the date provided in Section 3.01, any party, if that party is not then in default in the observance or in the due or timely performance of any covenants and conditions under this Agreement, may at any time terminate this Agreement by giving written notice to the other parties; provided, that the parties may extend the Closing date in writing.
Termination for Failure to Close. Either Buyer or Seller, by notice in the manner hereinafter provided, may terminate this Agreement if the Closing has not occurred on or before May 31, 2000; provided that no party in default hereunder shall have the right to terminate this Agreement pursuant to this Section 12.3.
Termination for Failure to Close. This Agreement shall be automatically terminated if the Closing Date shall not have occurred by September 7, 2006.
Termination for Failure to Close. This Agreement shall automatically be terminated if the Closing Date shall not have occurred by September 19, 2017; provided, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any Party whose breach of any provision of this Agreement results in the failure of the Closing to have occurred by such time.”
3. This Amendment shall be governed by and construed in accordance with the substantive laws of the State of New York, without giving effect to its conflict of law principles.
4. Except to the extent specifically stated in this Amendment, the Acquisition Agreement shall remain in full force and effect (including any Exhibits, Schedules or Annexes attached thereto or incorporated by reference therein, and any documents or obligations arising thereunder), and from and after the date hereof, the Acquisition Agreement shall be deemed to be the Acquisition Agreement as amended by this Amendment.
5. This Amendment may be executed by different parties on any number of counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same agreement.
6. This Amendment, together with the Acquisition Agreement, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous discussions, documents, agreements and prior course of dealing between the Parties with respect to such subject matter.
