Common use of Amendments; Termination Clause in Contracts

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur of the consummation of the Merger and the date which is 18 months after the date hereof.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation Effective Time or the termination or expiration of the Merger and the date which is 18 months after the date hereofSupport Period; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur termination of the consummation Support Period; provided, however, that no termination of the Merger and the date which is 18 months after the date hereofthis Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur of (i) the consummation Effective Time and (ii) the date of termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms; provided that this Article 4 shall survive any such termination.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur date of termination of the consummation of the Merger and the date which is 18 months after the date hereofTransaction Agreement in accordance with its terms.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or or, waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or or, in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of (a) the termination of the consummation of Acquisition Agreement in accordance with its terms or (b) the Merger and the date which is 18 months after the date hereofEffective Time.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier later to occur of the consummation termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms or April 1, 1999.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement and the Purchasers or in the case of a waiver, by the party against whom the waiver is to be effectiveeffective and the Purchasers. This Agreement shall terminate on upon the earlier to occur of (i) the termination of the consummation Purchase Agreement in accordance with its terms and (ii) the occurrence of the Merger and the date which is 18 months after the date hereofStockholder Vote.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur death of the consummation of the Merger and the date which is 18 months after the date hereofXxxxxx Xxxxx.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur and be of no further force or effect whatsoever as of the consummation earliest of (a) the Effective Time or (b) the termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation termination of the Merger and the date which is 18 months after the date hereofAgreement.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation Effective Time and the termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur of (i) the consummation Effective Time and (ii) the date of termination of the Merger Agreement in accordance with its terms; provided that Article II and the date which is 18 months after the date hereofthis Article V shall survive any such termination.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall automatically terminate on upon the earlier to occur Expiration Time. Upon termination, all rights and obligations of the consummation of the Merger parties hereto, and the date which is 18 months after the date hereofunder any agreement contemplated hereby, will automatically terminate and become void without further action by any party.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur termination or expiration of the consummation Support Period; provided, however, that no termination of the Merger this Agreement shall relieve any party hereto from any liability for any knowing and the date which is 18 months after the date hereofintentional breach of any provision of this Agreement prior to such termination.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur of the consummation upon Closing or termination of the Merger and the date which is 18 months after the date hereofAgreement.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation termination of the Merger Agreement, and all rights or obligations of the date which is 18 months after the date hereofparties under this Agreement shall immediately terminate, except that each party shall remain liable with respect to breaches of this Agreement occurring prior to such termination.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or or, waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or or, in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation termination of the Merger and Agreement in accordance with its terms; provided, however, that in such case Article 5 hereof shall survive the date which is 18 months after the date hereoftermination of this Agreement in its entirety.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of (i) the completion of the consummation Closing and (ii) the termination of the Merger and the date which is 18 months after the date hereofTransaction Agreement in accordance with its terms; provided that this Article 4 shall survive any such termination.

Amendments; Termination. (a) Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur of the consummation of the Merger and the date which is 18 months after the date hereof.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or or, in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of (x) the consummation of the Merger and (y) the date which is 18 months after termination of the date hereofMerger Agreement in accordance with its terms.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall automatically terminate on the earlier to occur of (i) the consummation Effective Time and (ii) the termination of the Merger and the date which is 18 months after the date hereofAgreement.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation termination of the Merger Agreement, and all rights or obligations of the date which is 18 months after the date parties under this Agreement shall immediately terminate, except as provided in Section 5.11 hereof.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or or, in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur earliest of (a) the consummation Effective Time and (b) termination of the Merger Agreement in accordance with its terms, and all rights or obligations of the date which is 18 months after the date parties under this Agreement shall immediately terminate, except as provided in Section 5.11 hereof.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on continue in full force and effect until such date that is six months following the earlier to occur Effective Date upon which date all rights and obligations of the consummation of the Merger and the date which is 18 months after the date parties under this Agreement shall immediately terminate, except as provided in Section 5.12 hereof.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation of the Merger and the date which is 18 months after the date hereofTermination Date.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of (i) the consummation termination of the Merger Agreement in accordance with its terms and (ii) the date which is 18 months after the date hereofEffective Time.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur of the consummation of the Merger and the date which is 18 months after the date hereof.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or or, in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement and all obligations of the parties hereunder shall automatically terminate on upon the earlier earliest to occur of (a) the consummation mutual written consent of the parties hereto, (b) the Effective Time and (c) the termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the earlier may be terminated with respect to occur of the consummation of the Merger and the date which is 18 months after the date hereofany Subject Party at any time by Franklin by notice given to such Subject Party as provided in Section 2.7.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement Agreement, other than Sections 4.06 and this Article 5, shall terminate on upon the earlier to occur of the consummation termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur termination of the consummation Acquisition Agreement, and all rights or obligations of the Merger and the date which is 18 months after the date parties under this Agreement shall immediately terminate, except as provided in Section 5.12 hereof.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation Effective Time or the termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of (i) the termination of the consummation of Transaction Agreement in accordance with its terms and (ii) 11:59 pm, eastern time, on October 31, 2009 (either occurrence, the Merger and the date which is 18 months after the date hereof“Termination”).

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur upon Closing or termination of the consummation of the Merger and the date which is 18 months after the date hereofPurchase Agreement.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur of (i) the consummation Effective Time and (ii) the date of termination of the Merger and the date which is 18 months after the date hereof.Agreement in accordance with its terms; provided that this Article 4 shall survive any such termination. Section 4.2

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of (i) the termination of the consummation of Transaction Agreement in accordance with its terms and (ii) 11:59 pm, eastern time, on November 14, 2009 (either occurrence, the Merger and the date which is 18 months after the date hereof“Termination”).

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation (i) termination of the Merger Funding Agreement in accordance with its terms and (ii) the date which is 18 months after occurrence of the date hereofStockholder Vote.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of (i) the consummation Effective Time, (ii) the termination of the Merger Agreement in accordance with its terms, and (iii) the mutual agreement of Parent and the date which is 18 months after the date hereofStockholder.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the earlier may be terminated with respect to occur of the consummation of the Merger and the date which is 18 months after the date hereofany Subject Party at any time by Xxxxxxxxx by notice given to such Subject Party as provided in Section 2.7.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall automatically terminate on upon the earlier to occur of the consummation of the Merger and the date which is 18 months after the date hereof.Expiration

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation (i)completion of the Merger and Second Closing (as defined in the date which is 18 months after Securities Purchase Agreement) or (ii)the Termination Date (as defined in the date hereofSecurities Purchase Agreement).

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on the earlier to occur of (i) the consummation Effective Time and (ii) the date of termination of the Merger and the date which is 18 months after the date hereofAgreement in accordance with its terms; provided that Article 5 shall survive any such termination.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of: (a) termination of the consummation of Transaction Agreement in accordance with its terms and (b) January 31, 2010 if the Merger and the date which is 18 months after the date hereofnot legally effective by such date.

Amendments; Termination. Any provision of this Agreement may be amended or waived if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate on upon the earlier to occur of the consummation (i) completion of the Merger and Second Closing (as defined in the date which is 18 months after Securities Purchase Agreement) or (ii) the date hereofTermination Date (as defined in the Securities Purchase Agreement).