definiens: and the ), as follows : ( i ) shall mean the period commenci ng upon the date of this Agreement and ending upon the earliest of ( a ) the Primary Period Expiration Time ( as it may be extended pursuant to Section 7.1(b ) ), ( b ) the delivery by Acquiror to th e Company of a written notice in the form attached hereto as Exhibit D ( the ), or ( c ) any termination of this Agreement in accordance with Section 7.2 . Notwithstanding anythi ng to the contrary herein, Acquiror shall not deliv er a Secondary Period Election Notice until the earliest of ( A ) one ( 1 ) Business Day prior to the day that includes the then - current Primary Period Expiration Time, ( B ) the date ten ( 10 ) Business Days after th e delivery by Acquiror to the Company of a Disclosure Memorandum Update Request, or ( C ) the date on which Acquiror receives from the Company a Disclosu re Schedule Memorandum Update in response to such Disclosure Memorandum Update Request