Common use of Pre-Closing Termination Clause in Contracts

Pre-Closing Termination. This Agreement may be terminated prior to the Closing: (a) by and in the sole discretion of AIG or AHAC without the approval of TRH; (b) by the mutual written consent of AIG, AHAC and TRH; (c) by TRH if the Closing has not occurred on or before July 1, 2009; provided, however, that the right to terminate this Agreement under this Section 7.01(c) shall not be available to TRH if TRH’s failure to take any action required to fulfill any of its obligations under this Agreement has caused or resulted in the failure of the Closing to occur prior to such date; (d) by TRH (but only so long as TRH is not in material breach of its obligations under this Agreement) if there has been a material breach of any representation, warranty, covenant or agreement of AIG or AHAC such that one or more of the conditions set forth in Section 4.01 are not capable of being fulfilled;

Pre-Closing Termination. This Agreement may be terminated prior to the Closing: (a) by and in the sole discretion of AIG or AHAC without the approval of TRH; (b) by the mutual written consent of AIG, AHAC and TRH; (c) by TRH if the Closing has not occurred on or before July 1, 2009; provided, however, that the right to terminate this Agreement under this Section 7.01(c) shall not be available to TRH if TRH’s 's failure to take any action required to fulfill any of its obligations under this Agreement has caused or resulted in the failure of the Closing to occur prior to such date; (d) by TRH (but only so long as TRH is not in material breach of its obligations under this Agreement) if there has been a material breach of any representation, warranty, covenant or agreement of AIG or AHAC such that one or more of the conditions set forth in Section 4.01 are not capable of being fulfilled;