Friday, October 12, 2012 8:36:01 PM
Article IX, Termination, reads:
"This Agreement may be terminated at any time prior to the Closing: (9.1)
"(d) By either the Company, on the one hand, or APII and Merger Corp., on the other hand, if: ... (ii) the Closing has not occurred on or prior to May 30, 2012 for any reason (including, without limitation, the failure of any of the conditions to obligations of the parties set forth in Article VII to have occurred), other than delay or nonperformance of the party seeking such termination."
So, I have to wonder, is this Agreement even still in effect?
"Incroyable!"
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