Acquisition Corp. shall have failed to timely commence the Offer in accordance with Section 1.01 above (subject to extension due to a Force Majeure Event for the Force Majeure Period and any extension resulting from the exercise of the Commencement Delay Election pursuant to Section 8.03(b) above) unless such failure resulted from a breach of this Agreement by the Company; or
Appears in 4 contracts
Samples: Acquisition Agreement And (GMM Capital LLC), Option Holder Acknowledgement Agreement (Goodys Family Clothing Inc /Tn), Option Holder Acknowledgement Agreement (Goodys Family Clothing Inc /Tn)
Acquisition Corp. shall have failed to timely commence the Offer in accordance with Section SECTION 1.01 above (subject to extension due to a Force Majeure Event for the Force Majeure Period and any extension resulting from the exercise of the Commencement Delay Election pursuant to Section 8.03(bSECTION 8.03(B) above) unless such failure resulted from a breach of this Agreement by the Company; or
Appears in 1 contract
Samples: Acquisition Agreement And (Prentice Capital Management, LP)
