Common use of Termination by Purchaser Clause in Contracts

Termination by Purchaser. This Agreement may be terminated and the Transaction may be abandoned at any time prior to the Closing by Purchaser if there has been a breach of any representation, warranty, covenant or agreement made by Seller in this Agreement, or any such representation and warranty shall have become untrue after the date hereof, such that Section 5.2(a) or 5.2(b) would not be satisfied and such breach or condition is not curable.

Appears in 3 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (At&t Inc.), Stock Purchase Agreement

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Termination by Purchaser. This Agreement may be terminated and the Transaction may be abandoned at by Purchaser on written notice to Seller if any time prior of the conditions to the Closing set forth in Section 9.1 or Section 9.3 become inherently and definitively incapable of fulfillment on or before December 31, 2005 and shall not have been waived in writing by Purchaser, provided that Purchaser if there has been a is not then in breach in any material respect of any representationits representations, warrantywarranties, covenant covenants or agreement made by Seller agreements contained in this Agreement, or any such representation and warranty shall have become untrue after the date hereof, such that Section 5.2(a) or 5.2(b) would not be satisfied and such breach or condition is not curable.

Appears in 2 contracts

Samples: Purchase Agreement (Gencorp Inc), Purchase Agreement (American Pacific Corp)

Termination by Purchaser. This Agreement may be terminated and the Transaction may be abandoned at any time prior to the Closing by Purchaser if there has been a breach of any representation, warranty, covenant or agreement made by Seller in this Agreement, or any such representation and warranty shall have become untrue after the date hereofof this Agreement, such that Section 5.2(a4.2(a) or 5.2(b4.2(h) would not be satisfied and such breach or condition is not curable or, if curable, is not cured within 30 days after written notice thereof is given by Purchaser to Seller.

Appears in 1 contract

Samples: Stock Purchase Agreement (MRV Communications Inc)

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Termination by Purchaser. This Agreement may be terminated and the Transaction may be abandoned at any time prior to before the Closing by action of the Board of Directors of Purchaser upon written notice to Seller, specifying the basis for such termination, if there has been a breach (i) Seller shall have breached in any material respect any of any representation, warranty, covenant its respective covenants or agreement made by Seller agreements contained in this Agreement, (ii) any representation or any such representation and warranty of Seller contained in this Agreement shall have become untrue after been materially inaccurate, or (iii) the date hereofClosing shall not have occurred on or before January 31, such that Section 5.2(a) or 5.2(b) would not be satisfied and such breach or condition is not curable2002.

Appears in 1 contract

Samples: Jni Corp

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