Common use of Additional Termination Right Clause in Contracts

Additional Termination Right. Notwithstanding anything to the contrary in this Agreement, in the event that the FTC shall file with any United States District Court (the "District Court") a motion for a preliminary injunction with respect to the Merger (i) the Acquiror and the Company shall each have the right to terminate this Agreement, by written notice to the other, at any time during the period commencing upon the issuance by the District Court of a preliminary injunction pursuant to such motion and ending at 11:59 p.m. (Eastern time) on the fifth business day following the day on which the written ruling of the District Court with respect to such preliminary injunction is first filed with the Clerk of Court, and (ii) neither the Acquiror nor the Company shall be under any obligation to effect the Merger prior to the expiration of the termination right set forth in clause (i) of this Section 8.3." 3. Except as amended hereby (and in the waiver letters of the parties dated March 28, 1997, July 11, 1997 and July 24, 1997), the Merger Agreement shall remain in full force and effect in accordance with its terms.