Common use of Upset Date Clause in Contracts

Upset Date. If the Closing shall not have occurred on or prior to the Upset Date, unless the failure of the Closing to occur was principally caused by Buyer's failure to act in good faith or a breach of its obligations in accordance with the terms of this Agreement.

Upset Date. If the Closing shall not have ---------- occurred on or prior to the Upset Date, unless the failure of the Closing to occur was principally caused by BuyerPurchaser's failure to act in good faith or a breach of or failure to perform any of its representations, warranties, covenants or other obligations in accordance with the terms of this Agreement.

Upset Date. If the Closing shall not have occurred on or prior to the Upset Date, unless the failure of the Closing to occur was principally caused by Buyerany Seller's failure to act in good faith or a breach of its obligations in accordance with the terms of this Agreement.this

Upset Date. If the Closing shall not have occurred on or prior to the Upset Date, unless the failure of the Closing to occur was principally caused by Buyer's failure to act in good faith or a breach of or failure to perform any of its representations, warranties, covenants or other obligations in accordance with the terms of this Agreement; provided that if Buyer has postponed the date required for the Closing pursuant to Sections 8.1(a)(3) or 8.1(a)(4), the Upset Date shall be extended to the date to which the Closing was postponed.

Upset Date. If the Closing shall not have occurred on or prior to the Upset Date, unless the failure of the Closing to occur was principally caused by Buyerany Seller's failure to act in good faith or a breach of its obligations in accordance with the terms of this Agreement.