Common use of Extension of Outside Date Clause in Contracts

Extension of Outside Date. Section 9.1(b) of the Merger Agreement is hereby deleted in its entirety and replaced with a new Section 9.1(b) that reads as follows: by either TranS1 or Baxano if the Merger shall not have been consummated by May 31, 2013 (the “Outside Date”) (provided that the right to terminate this Agreement under this Section 9.1(b) shall not be available to any party whose failure to fulfill any obligation under this Agreement has been a principal cause of or resulted in the failure of the Merger to occur on or before the Outside Date);

Extension of Outside Date. Section 9.1(b7.1(b)(i) of the Merger Agreement is hereby deleted in its entirety and replaced with a new Section 9.1(bthe following: (i) that reads as follows: by either TranS1 or Baxano if the Merger shall not have been consummated by May 31on or before April 30, 2013 2007 (the “Outside Date”) (provided ); provided, however, that the right to terminate this Agreement under this Section 9.1(b7.1(b)(i) shall not be available to any a party whose failure to fulfill any obligation under this Agreement has been a principal cause of or resulted in if the failure of the Merger to occur have been consummated on or before the Outside Date);Date was primarily due to the failure of such party or any Affiliate of such party to perform any of its obligations under this Agreement; or