Common use of Final Closing Date Clause in Contracts

Final Closing Date. By the Purchasers’ Representative or the Sellers’ Representative, by giving written notice of such termination to the other party, as applicable, if the Closing Date has not occurred on or prior to the Final Closing Date (as it may have been extended); provided, however, that the right to effect a termination of this Agreement under this Section 9.1(b) (Termination of this Agreement) shall not be available to a party which then is in material breach of its representations, warranties, agreements or covenants hereunder;