Common use of MARKET OUT TERMINATION Clause in Contracts

MARKET OUT TERMINATION. This Agreement may be terminated by the members of the Underwriting Group by notice to the Company at any time if, in the judgment of the Representative, payment for and delivery of the Securities is rendered impracticable or inadvisable because (i) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or minimum or maximum prices shall have been generally established on the New York or American Stock Exchange, or trading in securities generally on either such Exchange shall have been suspended, or a general moratorium shall have been established by federal or state authorities, or (ii) a war or other national calamity or emergency shall have occurred, or (iii) of any suspension of trading of the Common Stock of the Company in the over the counter market, or (iv) the occurrence of a material adverse event affecting the Company which materially impairs the investment quality of the Securities, or (v) substantial and material adverse changes in the condition of the securities markets beyond normal fluctuations have occurred.

MARKET OUT TERMINATION. This Agreement may be terminated by the members of the Underwriting Group by notice to the Company at any time if, in the judgment of the Representative, payment for and delivery of the Securities is rendered impracticable or inadvisable because (i) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or minimum or maximum prices shall have been generally established on the New York or American Stock Exchange, or trading in securities generally on either such Exchange shall have been suspended, or a general moratorium shall have been established by federal or state authorities, or (ii) a war or other national calamity or emergency shall have occurred, or (iii) of any suspension of trading of the Common Stock of the Company in the over the counter market, or (iv) the occurrence of a material adverse event affecting the Company which materially impairs the investment quality of the Securities, Securities or (v) substantial and material adverse changes in the condition of the securities markets beyond normal fluctuations have occurred.

MARKET OUT TERMINATION. This Agreement may be terminated by the ---------------------- members of the Underwriting Group by notice to the Company at any time if, in the judgment of the Representative, payment for and delivery of the Securities Shares is rendered impracticable or inadvisable because (i) additional material governmental restrictions not in force and effect on the date hereof shall have been imposed upon the trading in securities generally, or minimum or maximum prices shall have been generally established on the New York or American Stock Exchange, or trading in securities generally on either such Exchange shall have been suspended, or a general moratorium shall have been established by federal or state authorities, or (ii) a war or other national calamity or emergency shall have occurred, or (iii) of any suspension of trading of the Common Stock of the Company in the over the over-the-counter market, or (iv) the occurrence of a material adverse event affecting the Company which materially impairs the investment quality of the SecuritiesShares, or (v) substantial and material adverse changes in the condition of the securities markets beyond normal fluctuations have occurred.