Permitted Termination. This Agreement may be terminated: (a) by the mutual consent of Seller and Buyer; (b) by either Seller or Buyer if Closing has not occurred on or before May 31, 2006; provided, however, that a party then in breach of its obligations under this Agreement shall not have the right to terminate this Agreement; (c) by Buyer if any of the representations and warranties of Seller contained in Section 7 hereof were incorrect in any material respect when made or become incorrect in any material respect; and (d) by Seller if any of the representations and warranties of Buyer contained in Section 9 hereof were incorrect in any material respect when made or become incorrect in any material respect.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Altra Holdings, Inc.), Asset Purchase Agreement (Altra Industrial Motion, Inc.)