Definition of Pre-Closing Three Calendar Month Period


Pre-Closing Three Calendar Month Period means any three consecutive full calendar month period beginning November 1, 2009 through the last day of the full calendar month immediately prior to the date on which the last of the conditions set forth in Article 6 have been satisfied or waived (other than those conditions that by their nature can only be satisfied at the Closing); provided, however that if such date occurs after the 15th day of a calendar month, then the Pre-Closing Three Calendar Month Period will include the full calendar month in which the last of the conditions set forth in Article 6 have been satisfied or waived (other than those conditions that by their nature can only be satisfied at the Closing), unless the Purchaser waives (in its sole and absolute discretion) its right to include such final full calendar month in the Pre-Closing Three Calendar Month Period (it being agreed and understood that if all of the conditions set forth in Article 6 have been satisfied or waived on or prior to January 31, 2010 (other than those conditions that by their nature can only be satisfied at the Closing), then the condition to Closing set forth in Section 6.1(c) shall not be applicable in connection with the consummation of the transactions contemplated by this Agreement).
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