Common use of Upset Date Clause in Contracts

Upset Date. In the event that the Closing shall not have occurred on or prior to January 31, 2007 then, unless otherwise agreed to in writing by the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence shall be due to the failure or refusal of the party seeking to terminate this Agreement of the type described in Section 10.2.

Upset Date. In the event that the Closing shall not have occurred on or prior to January 31February 28, 2007 1997, then, unless otherwise agreed to in writing by between the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence shall be due to the failure or refusal of the party seeking to terminate this Agreement of the type described in Section 10.212.01(b).

Upset Date. In the event that If the Closing Date shall not have occurred on or prior to January 31before March 15, 2007 1996, then, unless otherwise agreed to in writing by between the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence ; provided that no party shall be due to the failure or refusal of the party seeking entitled to terminate this Agreement of pursuant to this Section 8.1(b) if such party's conduct or failure to act has prevented the type described in Section 10.2Closing from having occurred.

Upset Date. In the event that the Closing shall not have occurred on or prior to January 31June 16th, 2007 2009, then, unless except as otherwise provided herein or otherwise agreed to in writing by the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence shall be due to the failure or refusal material breach of the party seeking to terminate this Agreement of the type described in Section 10.2Agreement.

Upset Date. In the event that the Closing shall not have occurred on or prior to January 31December 30, 2007 then, unless otherwise agreed to in writing by the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence shall be he due to the failure or refusal of the party seeking to terminate this Agreement of the type described in Section 10.2.

Upset Date. The parties shall use their best efforts to consummate promptly the transactions contemplated hereby. In the event that the Closing shall not have occurred on or prior to January 31August 30, 2007 2000, then, unless otherwise agreed to in writing by between the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence shall be due to the failure or refusal of the party seeking to terminate this Agreement of the type described in Section 10.212.01(b).

Upset Date. In the event that the Closing shall not have occurred on or prior to January 31December 7, 2007 2006 then, unless otherwise agreed to in writing by the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence shall be due to the failure or refusal of the party seeking to terminate this Agreement of the type described in Section 10.2.

Upset Date. In the event that the Closing shall not have occurred on or prior to January 31August 13, 2007 2008, then, unless except as otherwise provided herein or otherwise agreed to in writing by the parties hereto, this Agreement shall terminate on or following such date (as such date may be postponed pursuant hereto), upon written notice given by one party to the other, unless the absence of such occurrence shall be due to the failure or refusal material breach of the party seeking to terminate this Agreement of the type described in Section 10.2Agreement.