| http://www.w3.org/ns/prov#value | - if Chiquita or one of ChiquitaFyffes, Delaware Sub or Merger Sub breaches or fails to perform, in any material respect, any of its representations, warranties, covenants or other agreements contained in the transaction agreement such that certain closing conditions are incapable of being satisfied and the breach is not reasonably capable of being cured by March 10, 2015, in certain circumstances;
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