Common use of Additional Termination Right Clause in Contracts

Additional Termination Right. Notwithstanding anything to the contrary in this Agreement, (i) Staples and Office Depot shall each have the right to terminate this Agreement, by written notice to the other, whether before or after approval of the matters presented in connection with the Merger by the stockholders of Office Depot or Staples, at any time during the period commencing upon the issuance by the United States District Court for the District of Columbia (the "District Court") in Civil Action No. 97-701 of its ruling disposing of the FTC's motion for a preliminary injunction with respect to the Merger and ending at 11:59 p.m. (Boston time) on the fourth business day following the day on which the written ruling of the District Court disposing of such motion is first published, and (ii) neither Staples nor Office Depot 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 8.06." 3. Except as amended hereby, the Merger Agreement shall remain in full force and effect in accordance with its terms.