MGEX Breach Termination Sample Clauses

MGEX Breach Termination. If MGEX or MGEX Holdings shall have breached in any material respect any of its representations or warranties contained in this Agreement or failed to perform in any material respect any of its covenants or agreements contained in this Agreement, which breach or failure to perform would render unsatisfied any condition in Section 6.3(a) or 6.3(b) and (i) is not curable or (ii) if curable, is not cured prior to the earlier of (A) the Business Day prior to the Outside Date or (B) the date that is ten (10) days after the date that written notice thereof is given by Acquiror to MGEX and/or MGEX Holdings, as applicable; or