Optional Early Termination. CSN OVERSEAS has the rigtht to Early Terminate this Transaction, in whole or in part, provided that CSN OVERSEAS shall issue an Early Termination Notice addressed to POBT. CSN OVERSEAS hereby acknowledges that any such Early Termination may materially adverse affect the Final Price for the Shares due to market conditions and the number of Shares requested throught an Early Termination Notice, being agreed that the Calculation Agent will determine the Final Price. In case of a partial Early Termination the parties agree to sign an amendment in order to make the proper ajustments to this transaction and reflect therefrom such Early Termination. Early Termination Settlement Amount: The amount agreed between the parties.
Optional Early Termination. The following optional early termination provision will apply to the Non-Hedging Party and [will][will not]5 apply to the Hedging Party, unless otherwise specified in the Transaction Supplement: Break Funding Recovery: [Applicable][Not Applicable], unless otherwise specified in the Transaction Supplement.6
Optional Early Termination. At any time upon 10 Business Days’ notice, Party B may declare an Early Termination Date in respect of this Transaction with Party B being the sole Affected Party.
Optional Early Termination. Notwithstanding anything to the contrary in the Definitions or the Agreement, the parties hereby agree to the following Optional Early Termination provisions: Party B shall have the right (but not the obligation) to terminate any Transaction hereunder, in whole or in part, effective as of any Business Day (the “Optional Early Termination Date”), by providing Party A with notice of its exercise of this right one Business Days prior to the Optional Early Termination Date. This notice shall be irrevocable and may be given orally, including by telephone. Such notice shall be followed by a written confirmation confirming the substance of any telephonic notice before the close of business on the Business Day that telephonic notice is provided. Such Transaction shall be terminated in accordance with Section 6(e)(ii)(1) (without the occurrence of a Termination Event or an Event of Default) such that the amount payable (the “Cash Settlement Amount”) will be determined by the Calculation Agent as if the party electing to terminate such Transaction were the sole Affected Party. The Calculation Agent shall determine such Cash Settlement Amount in good faith and in a commercially reasonable manner in accordance with normal market practice in the relevant market, taking into account market conditions at such time. Party B acknowledges and agrees * Delete as applicable that market value used to calculate such Cash Settlement Amount may not correspond with closing prices of a commodity index or the futures components of a commodity index, particularly during a period of disrupted market conditions. Such determination shall be made on the Optional Early Termination Date. Party A or Party B (as determined by the Calculation Agent) shall pay to the other party the Cash Settlement Amount on the second Business Day following the Optional Early Termination Date. Once the Cash Settlement Amount has been fully and finally paid, then all rights, duties and obligations of the parties under and with respect to such Transaction, or part of such Transaction, as applicable, shall terminate.
Optional Early Termination. At its option, SMC may terminate this Agreement by notifying Union Miniere in writing at least one hundred and eighty (180) days in advance of the date of such termination. In the event of such optional termination as provided in this Section 3.2, SMC shall pay to Union Miniere (in addition to payment of charges due in accordance with Section 11 for processing already performed), as liquidated damages and not as a penalty, an amount of money indicated for the respective period during which the date of such termination occurs as follows: Period during which Amount Date of Termination Occurs ($US) -------------------------- --------- Effective date through December 31, 1996 3,500,000 January 1, 1997 through December 31, 1997 2,800,000 January 1, 1998 through December 31, 1998 2,000,000 January 1, 1999 through December 31, 1999 1,400,000 January 1, 2000 through December 31, 2000 700,000 The liquidated damages provided for herein shall be Union Miniere's sole and exclusive remedy for SMC's optional early termination of this Agreement in accordance with this Section 3.2.
Optional Early Termination. The following optional early termination provision will apply to the Non-Hedging Party and [will][will not] apply to the Hedging Party: Break Funding Recovery: [Applicable][Not Applicable] [PARTY A] [PARTY B] By: Name: By: Name: EXHIBIT D TO ISDA EQUITY MCA PROTOCOL Side Agreement in relation to the Revised 2007 European Variance Swap Master Confirmation Agreement, published by ISDA on June 25, 2007 [Date] We refer to the ISDA Equity MCA Protocol (the “ISDA Equity MCA Protocol”) published on [•], 2007 by the International Swaps and Derivatives Association, Inc. (“ISDA”). This letter constitutes a side agreement for the purpose of satisfying the Side Letter Condition as referred to in Section 2(b)(B) of the ISDA Equity MCA Protocol. Capitalized terms used herein have the meaning ascribed to them in Section 6 of the ISDA Equity MCA Protocol or the 2002 ISDA Equity Derivatives Definitions, as appropriate. We have agreed that the following shall apply to each Equity Transaction between us entered into after the relevant Implementation Date and for which the Revised 2007 European Variance Swap Master Confirmation Agreement, published by ISDA on June 25, 2007 is deemed to come into effect pursuant to the ISDA Equity MCA Protocol:
Optional Early Termination. The Counterparty shall have the right, under Section 2.3 (b) (ii) of the Liquidity Agreement, to terminate the Transaction in whole, but not in part, on any Business Day, such Business Day shall be deemed the Termination Date. After February 28, 2004, upon 30 days written notice to CIBC, the Counterparty shall have the right to terminate the Transaction in whole, but not in part, on any Business Day, such Business Day shall be deemed the Termination Date.
Optional Early Termination. Applicable Option Style: European Exercise Business Day: New York, London PROCEDURE FOR EXERCISE Expiration Date: Five Exercise Business Days preceding 31 January 2010
Optional Early Termination. Notwithstanding anything in the Agreement to the contrary, either Party may designate an Early Termination Date in respect of all Transactions (irrespective of whether any Shares are to be redeemed) upon not less than [six] months’ written notice, such notice to be given not earlier than the day falling on the [second] anniversary of the date of this Agreement.
Optional Early Termination. If Seller sells or otherwise transfers or disposes of any Shares (“OET Shares”) included in the Number of Shares in one or more public or private arms’ length transactions at any time after the date hereof and prior to the Valuation Date, and notifies Counterparty thereof within one Local Business Day following such sale, Seller and Counterparty agree that such sale shall constitute an optional early termination of this Transaction with respect to such OET Shares, thereby reducing the Number of Shares to be delivered by Seller to Counterparty on the Valuation Date. In connection with each such Optional Early Termination, on the Valuation Date, (a) Seller will receive from the Escrow Account (as defined below) an amount equal to the positive excess, if any, of (x) product of the Redemption Price and the aggregate number of OET Shares over (y) an amount equal to the proceeds received by Seller in connection with sales of the OET Shares, and (b) Counterparty will receive from the Escrow Account the amount set forth in (y) above. For the avoidance of doubt, the amount to be received by the Seller from the Escrow Account shall be in addition to any other amounts to be paid to the Seller, including any other amounts to be released to the Seller from the Escrow Account, under the terms of this Transaction. Prepayment: Applicable
