Closing Delay. At the election of either party, evidenced by written notice, if the Effective Date shall not have occurred on or before March 31, 2002, or such later date as shall have been agreed to in writing by the parties; provided, however, that the right to terminate under this Section 7.1(b) shall not be available to either party whose failure to perform an obligation hereunder has been the cause of, or has resulted in, the failure of the Effective Date to occur on or before such date.
Closing Delay. By either American or MainStreet, evidenced by written notice, if the Merger has not been consummated by July 1, 2015 or such later date as shall have been agreed to in writing by the parties, provided that the right to terminate under this Section 7.1(b) shall not be available to any party whose breach or failure to perform an obligation hereunder has caused the failure of the Merger to occur on or before such date;
Closing Delay. At the election of either party, evidenced by written notice, if (i) the Closing shall not have occurred on or before November 30, 1999, or such later date as shall have been agreed to in writing by the parties, provided however that the right to terminate under this Section 4.4(b) shall not be available to any party whose failure to perform an obligation hereunder has been the cause of, or has resulted in, the failure of the Closing to occur on or before such date; (ii) any approval or authorization of any governmental or regulatory authority, the lack of which would result in the failure to satisfy the closing condition set forth in Section 4.1(c) hereof, shall have been denied by such governmental or regulatory authority, or such governmental or regulatory authority shall have requested the withdrawal of any application therefor or indicated an intention to deny, or impose a condition of a type referred to in the proviso to Section 4.1(c) hereof with respect to, such approval or authorization, or (iii) the approval of the stockholders of D&N or Republic referred to in Section 4.1(a) hereof shall not have been obtained, provided that the electing party is not then in breach of its obligations under Section 3.4 hereof.
Closing Delay. By either BRBS or FVCB, evidenced by written notice, if the Merger has not been consummated by June 30, 2022 or such later date as shall have been agreed to in writing by the parties, provided that the right to terminate this Agreement under this Section 7.1(b) shall not be available to any party whose breach or failure to perform an obligation hereunder has been the cause of or resulted in the failure of the Merger to occur on or before such date;
Closing Delay. If the Second Closing shall not have occurred on or before the first anniversary of the First Closing Date, Buyers shall assign their rights and interests under this Agreement to a third party in accordance with the requirements of Section 11.3(b) of this Agreement no later than thirty (30) days following the first anniversary of the First Closing Date (the "Assignment Deadline"). On the Assignment Deadline, Buyers shall pay to Sellers in cash by wire transfer of same-day funds in accordance with wire instructions provided by Sellers an amount equal to Four Million Dollars ($4,000,000). Until such time as the Second Closing shall have occurred, Buyers shall pay to Sellers in cash by wire transfer of same-day funds (a) an additional One Million Dollars ($1,000,000) at the end of each of the first three successive 90-day periods following the Assignment Deadline and (b) an additional Five Hundred Thousand Dollars ($500,000) at the end of the fourth successive 90-day period following the Assignment Deadline until the total of all payments made by Buyers to Sellers pursuant to this Section 10.7 shall equal Seven Million Five Hundred Thousand Dollars ($7,500,000) (the "Closing Delay Payments"). The aggregate amount of all Closing Delay Payments made to Sellers pursuant to this Section 10.7 shall be credited against the amount of the Second Closing Purchase Price.
Closing Delay. Upon written request of either party, and with the reasonable consent of the other party, the parties may delay the Closing and the performance of any obligations contained in the Project Schedule for up to twenty-four months if Herndon cannot proceed to Closing due to any unforeseen regulatory and/or governmental requirements outside its control, including rules, regulations, requirements or actions from any federal or state government or regulatory agency or legislative body.
Closing Delay. By Towne and Towne Merger Sub or Holding Company and Bank Subsidiary, evidenced by written notice, if the Transaction has not been consummated by March 31, 2018 or such later date as shall have been agreed to in writing by the parties, provided that the right to terminate under this Section 7.1(b) shall not be available to any party whose breach or failure to perform an obligation hereunder has caused the failure of the Transaction to occur on or before such date;
Closing Delay. 6.6.1 Notwithstanding Section 6.5, if within 30 days of determination of the Put Purchase Price, the Corporation delivers to the Holders a certificate (the “Extension Certificate”) of its chief financial officer certifying that the Corporation and Trident Exploration (i) do not have the financial resources available to satisfy the Put Purchase Price on the Put Closing Date or (ii) would be in breach of any of its or their agreements or covenants with the Corporation’s or Trident Exploration’s lenders by virtue of the payment of the Put Purchase Price, then the Put Closing Date shall be extended to that date (the “Extended Put Closing Date”) being the earlier of (a) ten days after the date the Corporation or Trident Exploration obtains the necessary financial resources to satisfy the Put Purchase Price and (b) 12 months from the date the Corporation receives the Cash Put Notice.
Closing Delay. If the Closing has not occurred on or prior to March 31, 2003, a delay penalty (the "DELAY PENALTY") shall begin accruing on a daily basis on April 1, 2003 and shall continue until the earlier of the Closing Date or the termination of this Agreement in accordance with Article VII hereof, provided, as of such date, each of the conditions to Seller's obligation have been fulfilled or are reasonably capable of being fulfilled within a reasonable time. Southern Union shall pay the Delay Penalty to Seller in accordance with this Section 5.20, and the Delay Penalty shall be calculated as follows:
Closing Delay. By either CFNL or UFBC, evidenced by written notice, if the Merger has not been consummated by June 30, 2014 or such later date as shall have been agreed to in writing by the parties, provided that the right to terminate under this Section 7.1(b) shall not be available to any party whose breach or failure to perform an obligation hereunder has caused the failure of the Merger to occur on or before such date;
