Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is terminated prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the Separation, shall not be taken or occur except to the extent specifically agreed to in writing by Duke Energy and Spectra Energy and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 3 contracts
Sources: Employee Matters Agreement (Spectra Energy Corp.), Employee Matters Agreement (Duke Energy CORP), Employee Matters Agreement (Spectra Energy Corp.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is terminated prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective immediately prior to, as of or following the Distribution Date, or otherwise in connection with the SeparationDistribution, shall not be taken or occur except to the extent specifically agreed to in writing by Duke Energy EPC and Spectra Energy EHP, and neither Party shall have any Liability or further obligation Liabilities to the other Party under this Agreement.
Appears in 3 contracts
Sources: Employee Matters Agreement (Energizer Holdings Inc), Employee Matters Agreement (Energizer SpinCo, Inc.), Employee Matters Agreement (Energizer SpinCo, Inc.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is terminated prior to the Effective TimeDistribution Date, then all actions and events that are, under this Agreement, to be taken or occur effective immediately prior to, to or as of or following the Distribution Date, or otherwise in connection with the SeparationDistribution, shall not be taken or occur except to the extent specifically agreed to by NorthStar Realty and NSAM in writing by Duke Energy and Spectra Energy a written instrument executed after the execution of this Agreement and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 3 contracts
Sources: Employee Matters Agreement (Northstar Realty Finance Corp.), Employee Matters Agreement (NorthStar Asset Management Group Inc.), Employee Matters Agreement (NorthStar Asset Management Group Inc.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is terminated not executed or if it terminates prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the SeparationDistribution, shall not be taken or occur except to the extent specifically agreed to in writing by Duke Energy Parent and Spectra Energy Spinco and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 2 contracts
Sources: Employee Matters Agreement (Michigan Commerce Bancorp LTD), Employee Matters Agreement (Michigan Commerce Bancorp LTD)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is terminated not executed or if it terminates prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the Separationdistribution, shall not be taken or occur except to the extent specifically agreed to in writing by Duke Energy PEC and Spectra Energy Patriot and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 2 contracts
Sources: Employee Matters Agreement (Patriot Coal CORP), Employee Matters Agreement (Patriot Coal CORP)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation and Distribution Agreement is terminated prior to the Effective TimeDistribution Date, then all actions and events that are, under this Agreement, to be taken or occur effective immediately prior to, as of or following the Distribution Date, or otherwise in connection with the Separation, shall not be taken or occur except to the extent specifically agreed to in writing by Duke Energy NTELOS and Spectra Energy Wireline and neither Party shall have any Liability or further obligation Liabilities to the other Party under this Agreement.
Appears in 2 contracts
Sources: Employee Matters Agreement (Ntelos Holdings Corp), Employee Matters Agreement (NTELOS Wireline One Inc.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is terminated prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the Separation, shall not be taken or occur except to the extent specifically agreed to in writing by Duke Energy and Spectra Energy GasCo and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 1 contract