Expiration of Commitment. If at the end of the 120th day following the date of the effectiveness of the Participation Notice the Partnership has not completed the Pre-Emptive Issuance on the terms and conditions specified in such Participation Notice, each Participating Buyer shall be released from its obligations under such Participating Buyer’s Participation Commitment, the Participation Notice shall be null and void, and it shall be necessary for a separate Participation Notice to be furnished, and the terms and provisions of this Article VI separately complied with, in order to consummate such Pre-Emptive Issuance.
Appears in 3 contracts
Samples: And Restated Agreement (Norcraft Companies Lp), Third Amended and Restated Agreement (Norcraft Companies Lp), Amended and Restated Agreement (Norcraft Capital Corp.)
Expiration of Commitment. If at the end of the 120th day after one hundred twenty (120) days following the date of the effectiveness of the Participation Notice the Partnership Company has not completed the Pre-Emptive Preemptive Issuance on the terms and conditions specified in such Participation Notice, each Participating Buyer shall be released from its obligations under such Participating Buyer’s Participation Commitment, the Participation Notice shall be null and void, and it shall be necessary for a separate Participation Notice to be furnished, and the terms and provisions of this Article VI Section 8.1 separately complied with, in order to consummate such Pre-Emptive Preemptive Issuance.
Appears in 2 contracts
Samples: Stockholders Agreement (El Pollo Loco Holdings, Inc.), Stockholders Agreement (EPL Intermediate, Inc.)
