Failure to Obtain Financing. Notwithstanding anything to the contrary herein, should Licensee fail to obtain financing in the amount of Five Million Dollars (US$5,000,000) (the "Minimum Financing") by March 31, 2004, NovaDel shall have the right, which right shall continue until such time as Licensee obtains the Minimum Financing, but not the obligation, to immediately terminate this Agreement upon written notice to Licensee.
Failure to Obtain Financing. In the event Developer, despite exercising its reasonable and best efforts to obtain required construction financing for Phase II, fails to obtain financing as specified in the Agreement by the time required in Section 3.10.1(a) and in the Schedule of Performance, either Developer or Authority may terminate this Agreement as provided in Sections 6.4 and 6.5 hereof, respectively.
Failure to Obtain Financing. Notwithstanding anything to the contrary herein, should Licensee fail to obtain the Minimum Financing by [***], NovaDel shall have the right, which right shall continue until such time as Licensee obtains the Minimum Financing, but not the obligation, to immediately terminate this Agreement upon written notice to Licensee.
Failure to Obtain Financing. If the closing of the financing has not occurred by April 1, 1999, then either party may terminate this Agreement upon ten (10)
Failure to Obtain Financing. Owner and Design-Builder agree that this Agreement is conditioned on Owner receiving financing or a complete full funding commitment for such financing within 180 days of the signing of this Agreement. If Owner has not received financing or a complete full funding commitment for such financing within 180 days of the signing of this Agreement, this Agreement shall terminate. Article 7
Failure to Obtain Financing. In the event that the Offer is not --------------------------- consummated by the Cut-Off Date only because Parent was unable to satisfy the Financing Condition the Parent shall pay, or cause to be paid, to the Company, upon demand, an amount equal to $6,000,000 (the "Parent Termination Fee"); provided that if any of the Offer Conditions exist, (excluding the Financing Condition and condition (g) as it applies to the Parent), Parent shall have no obligation to pay the Parent Termination Fee.
Failure to Obtain Financing. In the event Developer, despite exercising its best efforts to obtain required construction financing for the Project, fails to obtain financing as specified in the Agreement by the time required in the Schedule of Performance, Developer may terminate this Agreement by notice thereof to Authority, and Authority may terminate this Agreement as provided in Section 504 hereof.
Failure to Obtain Financing. If, after using good faith efforts for six months after the effective date of the Management Agreement, Manager is unable to obtain its financing described in Exhibit 1.7 on commercially reasonable terms, the Management Agreement may be terminated by Sprint PCS, but Sprint PCS agrees it will not exercise any of its rights set forth in Section 11.6 as a result of such termination. Sprint PCS, in its sole discretion, may extend the six-month period.
Failure to Obtain Financing. If the Developer either (i) fails to provide the Authority with a detailed report summarizing the Developer’s progress towards securing Developer’s Financing Commitment (which report shall include letter(s) of interest from lender(s) regarding such financing) by the expiration of the Due Diligence Phase, or (ii) fails to secure Developer’s Financing Commitment and deliver a certified copy of same to the Authority by the “Outside Financing Commitment Date” to be established by the Parties and set forth in a letter (the “Due Diligence Phase Completion Letter”) to be executed prior to the expiration of the Due Diligence Phase, then this Agreement and any agreements referred to in Section 5.14 that have been previously executed shall immediately terminate at the option of the Authority. If the Authority elects to terminate this Agreement and all other agreements pursuant to this Section 3.4, it shall so notify the Developer in writing, and neither the Authority nor the Developer shall have any further rights or responsibilities hereunder or thereunder.
Failure to Obtain Financing. This paragraph gives the Authority a termination right if Developer fails to make progress towards obtaining financing or fails to obtain a financing commitment by an outside date to be agreed on by the parties during the Due Diligence Period. These milestones are intended to give the Authority an ability to terminate the deal if the Developer’s financing does not materialize.
