No Closing. Notwithstanding anything to the contrary contained in this Agreement, this Agreement may be terminated and the transactions contemplated hereby may be abandoned at any time prior to the Closing: (i) By the mutual consent of all of the parties; (ii) By a Purchaser at any time in the event of a material breach or material default by the Company in the observance or in the timely performance of any of its obligations hereunder which is not waived by such Purchaser; (iii) By the Company at any time in the event of a material breach or material default by a Purchaser in the observance or in the timely performance of any of such Purchaser's obligations hereunder which is not waived by the Company; or (iv) If the Closing shall not have occurred on or before April 30, 1997, without any further action by you or the Company. Except as provided in paragraph (iv) above, no termination under this Section 4.14 shall be effective unless and until the terminating party gives written notice of such termination to the other parties.
Appears in 3 contracts
Sources: Debenture Purchase Agreement (Orion Newco Services Inc), Debenture Purchase Agreement (British Aerospace Holdings Inc), Debenture Purchase Agreement (Orion Newco Services Inc)