Common use of Termination by the Purchaser Clause in Contracts

Termination by the Purchaser. The Purchaser may (but shall not be obligated to) terminate this Agreement prior to the Closing by giving written notice to Toshiba if: (a) there has been a material violation or breach by Toshiba or the Company of any of their respective agreements or covenants contained in this Agreement or there has been a material violation or breach by Toshiba of any of its representations or warranties contained in this Agreement such that the condition set forth in Section 8.2(a) cannot be satisfied, which violation or breach shall not have been cured or corrected, if curable or correctable, within twenty days after receipt of notice thereof; or (b) the Closing does not occur on or prior to October 20, 2006 (the “Drop Dead Date”), or such later date as may be agreed to in writing by the Parties; provided that the non-occurrence is not due to a breach by the Purchaser of any condition or covenant hereunder.

Termination by the Purchaser. The Purchaser may (but shall not be obligated to) terminate this Agreement prior to the Closing by giving written notice to Toshiba if: : (a) there has been a material violation or breach by Toshiba or the Company of any of their respective agreements or covenants contained in this Agreement or there has been a material violation or breach by Toshiba of any of its representations or warranties contained in this Agreement such that the condition set forth in Section 8.2(a) cannot be satisfied, which violation or breach shall not have been cured or corrected, if curable or correctable, within twenty days after receipt of notice thereof; or or (b) the Closing does not occur on or prior to October 20, 2006 (the “Drop Dead Date”), or such later date as may be agreed to in writing by the Parties; provided that the non-occurrence is not due to a breach by the Purchaser of any condition or covenant hereunder.. 9.3