Termination of Agreement Sample Clauses

Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Placement Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7, 8, 14, 15 11 and 16 19 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Securities, on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beTime, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Securities, on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Sales Agent by written notice to the Company at any time at or prior to Closing Time or such Date each of Delivery, as the case may beindividuals set forth on Exhibit B, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 812, 14, 15 13 and 16 22 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Placement Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Sales Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 22 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beTime, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 8 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7(j) hereof and except that Sections 1that, 6in the case of any termination of this Agreement, 7Sections7(j), 89, 1410, 15 12(a), 12(e) and 16 12(f) shall survive any survive. Notice of such termination cancellation shall be given in writing and remain in full force and effectaddressed to each of the individuals of the Company set forth on Schedule 2.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Wells Fargo Securities by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 22 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party party, except as provided in Section 4 4(b) and except that this paragraph and Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by notice to the Company at any time at on or prior to Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that that, Sections 1, 6, 7, 8, 11, 12, 13, 14, 15 15, 17, 18 and 16 19 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in Either party hereto may terminate this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company Agreement at any time at by giving the Board or prior to Closing Time or such Date of Deliverythe Executive, as the case may be, and no more than thirty (30) days prior written notice, in accordance with Section 7 hereof, of such termination partys intent to so terminate this Agreement. If one or more Changes in Control of Rex shall have occurred prior to the third anniversary of the Effective Date (or during any period for which the term of this Agreement shall have been automatically extended pursuant to the second sentence of Section 1), the term of this Agreement shall be without liability extended until the third anniversary of any party to any other party except as provided the date on which the last Change in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effectControl of Rex occurred.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company and the Selling Shareholders at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by notice to the Company Partnership at any time at on or prior to Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that that, in the case of any such termination of this Agreement, Sections 1, 6, 7, 8, 1411, 15 12, 13, 16, 17, 18 and 16 19 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Wells Fargo Securities by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company Partnership at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Units, on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option SecuritiesUnits, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section (a) This Agreement shall not have been fulfilled when be effective on the date hereof and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be shall continue until terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 10(b); provided, however, that this Agreement shall terminate in any event upon the earlier to occur of (1) termination of the Executives employment with the Company prior to a Change in Control and except (2) the Executives death. (b) The Company shall have the right prior to a Change in Control, in its sole discretion, pursuant to action by the Board, to approve the termination of this Agreement, which termination shall not become effective until the date fixed by the Board for such termination, which date shall be at least 120 days after notice thereof is given by the Company to the Executive in accordance with Section 13; provided, however, that Sections 1no such action shall be taken by the Board during any period of time when the Board has knowledge that any person has taken steps reasonably calculated to effect a Change in Control until, 6in the opinion of the Board, 7such person has abandoned or terminated its efforts to effect a Change in Control; and provided further, 8, 14, 15 and 16 that in no event shall survive any such termination and remain this Agreement be terminated in full force and effectthe event of a Change in Control.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Merrill Lynch by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled in all material respects when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Wells Fargo by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 6 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Units on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesUnits, may be terminated by the Representatives by notice to the Company Partnership Parties, the Parent and the Selling Unitholder at any time at on or prior to Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof and except that Sections Section 1, 6, Section 7, 8, 14, 15 Section 8 and 16 Section 9 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters Initial Purchasers to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 9, 14, 15 15, 16 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 1415, 15 16 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beTime, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 8 and 16 9 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in (a) Subject to paragraph (b) below, either party may terminate this Section shall not have been fulfilled when Agreement and as required to be fulfilledChord's engagement hereunder, this Agreementwith or without cause, or, in the case of any condition immediately upon written notice given to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company other party at any time at or during the Engagement Period hereunder. In such event, all compensation accrued to Chord prior to Closing Time such cancellation, whether in the form of Advisory Fees, reimbursement for expenses or such Date of Deliveryotherwise, as the case may be, will become due and payable promptly upon such termination and Chord shall be without liability relieved of any party and all further obligation to provide any other party except as provided in Section 4 and except that services hereunder. (b) Notwithstanding anything to the contrary herein contained, Sections 14, 5, 6, 7, 8, 149, 15 10 and 16 11 shall survive any such termination and remain in full force and effector breach of this agreement by either party.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 14 and 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 8 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 7(g) hereof and except that that, in the case of any termination of this Agreement, Sections 17(g), 69, 712, 8, 14, 15 16 and 16 17 shall survive any survive. Notice of such termination cancellation shall be given in writing and remain in full force and effectaddressed to each of the individuals of the Company set forth on Schedule 2.
Termination of Agreement. If any condition specified in this Section 6 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Security Delivery Date of Delivery which is after the Closing TimeInitial Delivery Date, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company Partnership at any time at on or prior to Closing Time the Initial Delivery Date or such Date of DeliveryOption Security Delivery Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 5 hereof and except that Sections 1, 65, 7, 8, 14, 15 8 and 16 9 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time or such Date of Delivery, as the case may beTime, and such termination shall be without liability of any party to any other party party, except as provided in Section 4 5 hereof and except that Sections 1, 62, 7, 8, 14, 15 8 and 16 9 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by written notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at on or prior to the Closing Time Date or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7, 8, 11, 12, 13, 14, 15 15, 16, 18, 19 and 16 20 and hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time or such Date of Delivery, as the case may beTime, and such termination shall be without liability of any party to any other party party, except as provided in Section 4 5 and except that Sections 1, 62, 7, 8, 14, 15 8 and 16 9 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by notice to the Company Partnership at any time at on or prior to Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that that, in the case of any such termination of this Agreement, Sections 1, 6, 7, 8, 11, 12, 13, 14, 15 15, 17, 18, 19 and 16 20 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled in all material respects when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Merrill Lynch by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Jefferies by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by written notice to the Company at any time at on or prior to the Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7, 810, 11, 12, 13, 14, 15 16, 17, 19, 20 and 16 21 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 10 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Sales Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 Sections 5, 9, 11, 12 and except that Sections 1, 6, 7, 8, 14, 15 and 16 20 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by notice to the Company at any time at on or prior to Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that that, in the case of any such termination of this Agreement, Sections 1, 6, 7, 8, 11, 12, 13, 14, 15 15, 17, 18 and 16 19 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at on or prior to the closing on the Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7, 8, 14, 15 8 and 16 17 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company and the Selling Shareholders at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company and the Selling Shareholder at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 4(c) and except that Sections 1, 6, 7, 8, 1415, 15 16 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Underwriters by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Units on a Date of Delivery which is after the Closing Time, the obligations obligation of the several Underwriters to purchase the relevant Option SecuritiesUnits, may be terminated by the Representatives Representative by notice to the Company Partnership at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 4, 6, 7, 8, 14, 15 13 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters Initial Purchasers to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 9, 14, 15 15, 16 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company and the Selling Shareholder at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 1415, 15 16 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters Underwriter to purchase the relevant Option Securities, may be terminated by the Representatives Keefe Bruyette by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in Either party hereto may terminate this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company Agreement at any time at by giving the Board or prior to Closing Time or such Date of Deliverythe Executive, as the case may be, and no more than thirty (30) days prior written notice, in accordance with Section 7 hereof, of such termination shall be without liability of any party partys intent to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effectso terminate this Agreement.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, or in the case of any condition to the purchase of Option Securities on a the Date of Delivery which that is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Underwriters by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 8 and 16 12 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which that is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company Partnership at any time at on or prior to the Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that that, in the case of any termination of this Agreement, Sections 1, 6, 7, 8, 14, 15 8 and 16 17 hereof shall survive such termination and remain in full force and effect and except that, in the case of the termination of the obligations of the several Underwriters to purchase any Option Securities on an Option Closing Date that is after the Closing Date, this Agreement shall otherwise survive such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Units, on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option SecuritiesUnits, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to the Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, This Agreement may be terminated by the Representatives by notice to the Company at any time at time, with or without cause, by either party by thirty (30) days prior to Closing Time or such Date written notification. In addition, this Agreement shall terminate immediately upon the death of DeliveryContractor. Upon termination, as the case may be, and such termination Contractor shall be without liability of any party entitled to any other party except receive compensation, as provided in Section 4 paragraph 2, only to the date of termination, which compensation shall be paid at the time and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effectthe manner provided in paragraph 2.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Units on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesUnits on such Option Closing Date, may be terminated by the Representatives Representative by notice to the Company Partnership at any time at on or prior to Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7, 8, 11, 12, 13, 14, 15 15, 16, 18, 19 and 16 20 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which that is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by notice to the Company Partnership at any time at on or prior to the Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7, 8, 1411, 15 12, 13, 15, 17, 18 and 16 19 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Underwriters by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If Notwithstanding any condition specified in this Section shall not have been fulfilled when of the terms and as required to be fulfilledprovisions thereof, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Placement Agent based on a material breach of this Agreement by the Company. The Placement Agent shall give fifteen (15) days' prior written notice to the Company at any time at or prior to Closing Time or of such Date of Delivery, as the case may bematerial breach, and the Company shall have thirty (30) days to cure such material breach before the Placement Agent may terminate the Agreement. In the event the Placement Agent reasonably determines that the Units are not marketable, notwithstanding its best efforts to sell the Units, the Placement Agent may terminate this Agreement with thirty (30) days' prior written notice to the Company. In the event of any termination this Agreement or the expiration of the Offering Period, the Placement Agent shall be without liability entitled to: (i) any fees and compensation to which it was entitled as of any party to any other party except the date of termination or expiration, and (ii) the fees and compensation as provided set forth in Section 4 and except that for any securities sold by Company during the one (1) year period following such expiration or termination to any investor introduced by Placement Agent and/or any Participating Agent. Additionally, Sections 1, 6, 74, 8, 149, 15 10, 11, 12 and 16 14 shall survive any such termination or survive closing, delivery of, and remain in full force and effectpayment for the Units.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, Agreement or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations obligation of the several Underwriters Underwriter to purchase the relevant Option Securities, may be terminated by the Representatives Underwriter by notice to the Company and the Selling Shareholders at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall 5 is not have been fulfilled satisfied when and as required to be fulfilledsatisfied, this Agreement, Agreement or, in the case of any condition to the purchase of Option Securities Shares, on a Date of Delivery which is after the Closing TimeDate, the obligations obligation of the several Underwriters to purchase the relevant Option SecuritiesShares, may be terminated by the Representatives by notice to the Company at any time at on or prior to the Closing Time or such Date and, with respect to the Option Shares, at any time prior to the applicable Date of Delivery, as the case may be, and such which termination shall be without liability on the part of any party to any other party except as provided in Section 4 and party, except that Sections 1Section 6 (Payment of Expenses), 6Section 7 (Reimbursement of Underwriters Expenses), 7, 8, 14, 15 Section 8 (Indemnification and 16 Contribution) and Section 11 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive any such termination and remain in full force and effecttermination.
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Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 1415, 15 16 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall 5 is not have been fulfilled satisfied when and as required to be fulfilledsatisfied, this Agreement, Agreement or, in the case of any condition to the purchase of Option Securities Shares, on a Date of Delivery which is after the Closing TimeDelivery, the obligations obligation of the several Underwriters to purchase the relevant Option Securities, Shares may be terminated by the Representatives by notice to the Company at any time at on or prior to the Closing Time or such Date and, with respect to the Option Shares, at any time prior to the applicable Date of Delivery, as the case may be, and such which termination shall be without liability on the part of any party to any other party except as provided in Section 4 and party, except that Sections 1Section 6 (Payment of Expenses), 6Section 7 (Reimbursement of Underwriters' Expenses), 7, 8, 14, 15 Section 8 (Indemnification and 16 Contribution) and Section 11 (Representations and Indemnities to Survive Delivery) shall at all times be effective and shall survive any such termination and remain in full force and effecttermination.
Appears in 3 contracts
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Wells Fargo by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Jefferies by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 75, 8, 1410, 15 11 and 16 19 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Raymond James by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives by notice to the Company at any time at or prior to the relevant Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by notice to the Company and the Selling Stockholders at any time at on or prior to Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that that, in the case of any such termination of this Agreement, Sections 1, 6, 7, 8, 11, 12, 13, 14, 15 15, 17, 18 and 16 19 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Shares on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option SecuritiesShares, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section SECTION 4 and except that Sections SECTION 1, SECTION 6, SECTION 7, SECTION 8, SECTION 9, SECTION 14, 15 SECTION 15, SECTION 16 and 16 SECTION 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Securities, on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative(s) by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives BofA Merrill Lynch by written notice to the Company at any time at or prior to Closing Time or such Date each of Delivery, as the case may beindividuals set forth on Exhibit B, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7, 8, 14, 15 11 and 16 19 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If Either party may, by notice in the manner hereinafter provided on or before the Closing Date, terminate this Agreement if a material default shall be made by the other party in the observance or in the due and timely performance of any condition specified in this Section of the covenants, agreements or conditions contained herein, and the curing of such default shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities made on a Date of Delivery which is after or before the Closing Time, the obligations of the several Underwriters Date and shall not reasonably be expected to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effectoccur.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Wunderlich Securities by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 22 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Units on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option SecuritiesUnits, may be terminated by the Representatives by notice to the Company Partnership at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 15, 16, 17 and 16 18 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Securities, on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company and the Selling Shareholders at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in The term of this Section Agreement (the Term) shall not have been fulfilled when commence as of the date hereof and as required to be fulfilledshall expire on the close of business on [December 31, this Agreement200___]; provided, orhowever, in the case of any condition to the purchase of Option Securities that (i) commencing on a Date of Delivery which is after the Closing Time[January 1, 200___] and each January 1 thereafter, the obligations term of this Agreement will automatically be extended for an additional year unless, not later than September 30 of the several Underwriters to purchase the relevant Option Securitiesimmediately preceding year, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time the Employee shall have given notice that it or such Date of Deliverythe Employee, as the case may be, does not wish to have the Term extended; (ii) if a Change in Control occurs during the Term, the Term will expire on the last day of the Limited Period; and such termination (iii) subject to Section 4.1, if the Employee ceases for any reason to be a key employee of the Company or any Subsidiary, thereupon without further action the Term shall be without liability deemed to have expired and this Agreement will immediately terminate and be of no further effect. For purposes of this Section 17, the Employee shall not be deemed to have ceased to be an employee of the Company or any party to Subsidiary by reason of the transfer of Employees employment between the Company and any other party except as provided in Section 4 and except that Sections 1Subsidiary, 6, 7, 8, 14, 15 and 16 shall survive or among any such termination and remain in full force and effectSubsidiaries.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Shares on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option SecuritiesShares, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 5 and except that Sections 1, 6, 7, 8, 149, 15 and 16 11 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by notice to the Company at any time at on or prior to Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that that, Sections 1, 6, 7, 8, 11, 12, 13, 14, 15 15, 17, 18, 19, 20 and 16 21 hereof shall survive any such termination of this Agreement and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities Units on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option SecuritiesUnits, may be terminated by the Representatives by notice to the Company Partnership at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 7 and 16 8 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives KeyBanc Capital Markets by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, or in the case of any condition to the purchase of Option Securities on a any Date of Delivery which that is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to the Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 8 and 16 14 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, This Agreement may be terminated by the Representatives by notice to the Company at any time at time, with or without cause, by either party by thirty (30) days prior to Closing Time or such Date of Deliverywritten notification. Upon termination, as the case may be, and such termination Contractor shall be without liability of any party entitled to any other party except receive compensation, as provided in Section 4 paragraph 2, only to the date of termination, which compensation shall be paid at the time and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effectthe manner provided in paragraph 2.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 5 and except that Sections 1, 6, 7, 8, 149, 15 15, 16 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, or if the Company shall fail at the Closing Time or a Date of Delivery, as the case may be, to sell the number of Securities that it is obligated to sell hereunder, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives Representative by notice to the Company at any time at or prior to the Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 4, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company Partnership at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Merrill Lynch by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 22 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 149, 15 15, 16 and 16 17 shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 21 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives [ ] by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 20 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at on or prior to the closing on the Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that Sections 1, 6, 7, 8, 14, 15 8 and 16 17 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified (a) This Agreement shall be effective on the date hereof and shall continue as provided in paragraph (b) of this Section 8; provided, however, that this Agreement shall not have been fulfilled when terminate in any event upon the first to occur of (i) Employee's 70th birthday, (ii) Employee's death or (iii) Employee's Separation from Service with the Company prior to a Change in Control. (b) This Agreement shall continue in effect for three years from the date hereof; provided, however, that commencing on the first anniversary hereof, and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Timeeach such anniversary thereafter, the obligations term of this Agreement shall automatically be extended for one additional year unless, not later than the several Underwriters to purchase the relevant Option Securitiesfirst anniversary hereof, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or and each such Date of Deliveryanniversary thereafter, as the case may be, and the Company or the Employee shall have given notice, in accordance with Section 11, not to extend the term of this Agreement; provided, however, that no such termination action shall be without liability taken by the Company during any period of time when the Board has knowledge that any party person has taken steps reasonably calculated to any other party except as effect a Change in Control until, in the opinion of the Board, such person has abandoned or terminated its efforts to effect a Change in Control; provided further, that in Section 4 no event shall this Agreement be terminated in the event of a Change in Control; and except provided further that Sections 1in the event of a Change in Control when there are less than twenty-four months remaining in the term of this Agreement, 6, 7, 8, 14, 15 and 16 the term of this Agreement shall survive any be extended so that this Agreement shall terminate twenty-four months after such termination and remain Change in full force and effectControl.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Sales Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 20 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Agent by notice to the Company at any time at or prior to Closing Time or such Date of Delivery, as the case may beCompany, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 711, 8, 14, 15 12 and 16 20 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If this Agreement terminates for any condition specified in this Section reason, then no later than [ *** ] days after the effective date of such termination, Lilly shall not pay all amounts then due and owing (except that Lilly shall have been fulfilled when the right to offset any monies owed to Lilly by Zymeworks, if any) as of the termination date and as required each Party shall return or cause to be fulfilledreturned to the other Party, or destroy, all Confidential Information received from the other Party and all copies thereof; provided, however, that each Party may keep one (1) copy of Confidential Information received from the other Party in its confidential files for record purposes. In the event of termination of this Agreement, or, except as expressly set forth otherwise in this Agreement (including under the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Timesurviving provisions set forth in Section 11.2), the rights and obligations of the several Underwriters to purchase Parties hereunder shall terminate as of the relevant Option Securities, may be terminated by the Representatives by notice to the Company at any time at or prior to Closing Time or date of such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Sections 1, 6, 7, 8, 14, 15 and 16 shall survive any such termination and remain in full force and effecttermination.
Termination of Agreement. If any condition specified in this Section 9 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Securities, Agreement may be terminated by the Representatives Wells Fargo Securities by written notice to the Company at any time at or prior to Closing Time or such Date each of Delivery, as the case may beindividuals set forth on Exhibit B, and such termination shall be without liability of any party to any other party except as provided in Section 4 8 hereof and except that that, in the case of any termination of this Agreement, Sections 15, 610, 7, 8, 14, 15 11 and 16 19 hereof shall survive any such termination and remain in full force and effect.
Termination of Agreement. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, this Agreement, or, in the case of any condition to the purchase of Option Securities on a an Option Closing Date of Delivery which is after the Closing TimeDate, the obligations of the several Underwriters to purchase the relevant Option SecuritiesSecurities on such Option Closing Date, may be terminated by the Representatives by notice to the Company at any time at on or prior to the Closing Time Date or such Date of DeliveryOption Closing Date, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 hereof and except that that, in the case of any such termination of this Agreement, Sections 1, 6, 7, 8, 11, 12, 13, 14, 15 15, 17, 18 and 16 19 hereof shall survive any such termination of this Agreement and remain in full force and effect.