Common use of Permitted Change in Recommendation Clause in Contracts

Permitted Change in Recommendation. Notwithstanding any other provision of this Agreement, the ACME Board shall have the right to withdraw, modify or amend its recommendation with respect to the Amalgamation if, prior to the Outside Date, RDT shall have breached, or failed to comply with, in any material respect, any of its material covenants or other material obligations under this Agreement, provided that RDT has been given written notice of and three (3) Business Days to cure any such breach or non- performance.

Permitted Change in Recommendation. Notwithstanding any other provision of this Agreement, the ACME RDT Board shall have the right to withdraw, modify or amend its recommendation with respect to the Amalgamation if, prior to the Outside Date, RDT ACME shall have breached, or failed to comply with, in any material respect, any of its material covenants or other material obligations under this Agreement, provided that RDT ACME has been given written notice of and three (3) Business Days to cure any such breach or non- performance.