Common use of Upset Date Clause in Contracts

Upset Date. If Closing shall not have occurred on or prior to November 14, 1998; provided, however, that Buyer shall not be entitled to terminate this Agreement pursuant to this Section 10.2(e) if (a) the Closing shall not have occurred on or prior to November 14, 1998, as a result of the intentional breach of this Agreement by Buyer or (b) the Closing has been postponed beyond November 14, 1998 pursuant to Section 9.1(a)(2), but only for such period as is required to cure the condition warranting such postponement.

Appears in 2 contracts

Samples: Asset and Stock Purchase and Option Grant Agreement (Quantum Direct Corp), Asset and Stock Purchase and Option Grant Agreement (Paxson Communications Corp)

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Upset Date. If the Closing shall not have occurred on or prior to November 14, 1998; provided, however, that Buyer Sellers shall not be entitled to terminate this Agreement pursuant to this Section 10.2(e10.1(c) if (a) the Closing shall not have occurred on or prior to November 14, 1998, as a result of the intentional breach of this Agreement by Buyer Sellers or (b) the Closing has been postponed beyond November 14, 1998 pursuant to Section 9.1(a)(2), but only for such period as is required to cure the condition warranting such postponement.

Appears in 2 contracts

Samples: Asset and Stock Purchase and Option Grant Agreement (Quantum Direct Corp), Asset and Stock Purchase and Option Grant Agreement (Paxson Communications Corp)

Upset Date. If the Closing shall not have occurred on or prior to November 14October 1, 19981997; provided, however, that Buyer Sellers and ValueVision shall not be entitled to terminate this Agreement pursuant to this Section 10.2(e9.1(c) if (a) the Closing shall not have occurred on or prior to November 14October 1, 19981997, as a result of the intentional breach of this Agreement by Buyer Sellers or (b) the Closing has been postponed beyond November 14October 1, 1998 1997 pursuant to Section 9.1(a)(28.1(a)(2), but only for such period as is required to cure the condition warranting such postponement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Valuevision International Inc)

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Upset Date. If the Closing shall not have occurred on or prior to November 14October 1, 19981997; provided, however, that Buyer Sellers and ValueVision shall not be entitled to terminate this Agreement pursuant to this Section 10.2(e9.l(c) if (a) the Closing shall not have occurred on or prior to November 14October 1, 19981997, as a result of the intentional breach of this Agreement by Buyer Sellers or (b) the Closing has been postponed beyond November 14October 1, 1998 1997 pursuant to Section 9.1(a)(28.1 (a)(2), but only for such period as is required to cure the condition warranting such postponement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Paxson Communications Corp)

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