Upset Date definition

Upset Date has the meaning set forth in Section 9.1(e).

Upset Date means the one year anniversary date of this Agreement, subject to extension as provided in Section 8.1(a)(3) and 8.1(a)(4).

Upset Date shall have the meaning set forth in Section 8.1(a)(iv).

Examples of Upset Date in a sentence

• 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.

• By either Chemical or O.A.K. if the Merger shall not have been consummated on or before the Upset Date, and such failure to consummate the Merger is not caused by a breach of this Plan of Merger by the terminating party.

• 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 Holding's or any Renaissance Company'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.

• 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 Sellers' or any Falcon Company'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.

• 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.

More Definitions of Upset Date

Upset Date shall have the meaning set forth in Section 10.1(a)(iii).

Upset Date shall have the meaning set forth in SECTION 12.1.

Upset Date means November 30, 2000, subject to extension as provided in Section 8.1(a)(3) and 8.1(a)(4).

Upset Date means July 31, 1999; PROVIDED, HOWEVER, that (A) in the event that the Closing shall not have occurred on or prior to July 31, 1999 due to a "governmental delay," the Upset Date shall be extended to August 30, 1999, and (B) thereafter, in the event that the Closing shall not have occurred on or prior to August 30, 1999 due to a "governmental delay," the Upset Date shall be extended to September 29, 1999; with "governmental delay" meaning the failure, without any breach by any of the parties hereto of their obligations hereunder, to receive from a Governmental Authority any consents or authorizations which are required as a condition of Closing. In the event that the Closing shall not have occurred on or prior to September 29, 1999 due to a "governmental delay," Sellers shall have the option, exercisable by written notice to the Charter Parties no later than the close of business on such date, to extend the Upset Date to November 30, 1999; provided, that, as a condition to the exercise of such option, Helicon shall have exercised commercially reasonable efforts to obtain such consents and authorizations prior to September 29, 1999; and PROVIDED, FURTHER, that, Sellers shall continue to exercise commercially reasonable efforts to obtain such consents and authorizations as soon after September 29, 1999 as is practicable.

Upset Date. 14 "Warrants" 14 1.2 Terms Defined Elsewhere in this Agreement 14 1.3 Rules of Construction 16

Upset Date means May 1, 2000. Term Section ---- ------- Adjustment Assets Section 2.3(a)(1) Adjustment Escrow Agent Section 2.4(b)(1) Adjustment Escrow Agreement Section 2.4(b)(1) Adjustment Escrow Amount Section 2.4(b)(1) Adjustment Liabilities Section 2.3(a)(2) Agreement First Paragraph Antitrust Division Section 5.6 Auditor Section 2.5(a)(2) BBC First Paragraph BBCO First Paragraph BCI Section 5.12 BFI First Paragraph Bresnan Plan Section 5.12 Buyer First Paragraph Capital Expenditures Section 2.3(d) CCH S-4 Section 4.12(a) Charter Holdings Value Section 2.1(b) Closing Date Section 7.1 commercially reasonable efforts Section 9.14 Confidential Information Section 5.4(a) Contributed Interest Section 2.1(b) Disclosure Letter Section 1.3 Equity Consideration Section 2.1(b) Estimated Purchase Price Section 2.4(a) Excluded Rights Section 5.9(e) Final Purchase Price Section 2.5(b)(1)(A) FTC Section 5.6 General Partner First Paragraph Partnership First Paragraph Partnership ERISA Affiliates Section 3.12(b) Partnership Plans Section 3.12(b) Partnership's Financial Statements Section 3.9 Pending Buyer Acquisitions Section 4.11

Upset Date means January 31, 2001, provided, however, that if comments are received by the Company from the SEC on the Company Proxy Statement such date shall be February 28, 2001.