In Whole. Contractor shall not assign in whole its rights or delegate in whole its duties under the Contract without Procurement Officer’s prior written consent, which consent Procurement Officer may withhold at his or her discretion. If Contractor’s proposed assignment or delegation stems from a split, sale, acquisition, or other non-merger change in control, then no such consent will be given in any event without the assignee or delegate giving State satisfactory and equivalent evidence or assurance of its financial soundness, competency, capacity, and qualification to perform as that which Contractor possessed when State first awarded it the Contract. 5.2.2
In Whole. In the event that the District prepays all remaining Lease Payments either by making a security deposit with the Trustee as provided in Section 10.1 hereof or from Net Proceeds as provided in Section 10.2 hereof or from cash or other legally available moneys deposited by the District as provided in Section 10.3, and the District has paid all Additional Payments required hereunder, the District’s obligations under this Lease shall thereupon cease and terminate, including but not limited to the District’s obligation to continue to pay Lease Payments under this Article X (except as provided in Section 10.1 hereof).
In Whole. In the event that the City prepays all remaining Lease Payments pursuant to Section 10.3 or Section 10.2 hereof and has paid all Additional Payments due hereunder, the City’s obligations under this Lease Agreement shall thereupon cease and terminate, including but not limited to the City's obligation to continue to pay Lease Payments hereunder.
In Whole. Contractor shall not assign in whole or in part its rights or delegate in whole or in part its duties under the Contract without (a) notifying the Procurement Officer in advance and (b) obtaining the Procurement Officer’s prior written consent, which the Procurement Officer may withhold at his or her discretion. If Contractor’s proposed assignment or delegation stems from a split, sale, acquisition, or any other change in control, then no such consent will be given in any event without the assignee or delegate giving the Agency satisfactory and equivalent evidence or assurance of its financial soundness, competency, capacity, and qualification to perform as that which Contractor possessed when Agency first awarded it the Contract. Such determinations shall be made by the Procurement Officer in its sole discretion.
In Whole. The termination liability charge to LMCLS shall be the greater of the unpaid balance of payments for all guaranteed missions through the end of the contract period, ****, or ****. The termination liability limit to LMCLS is ****. Per mission pricing is specified in Appendix 4 for each year through the end of the contract period.
In Whole. The Payors shall prepay the entire outstanding principal amount of this Note (plus all accrued and unpaid interest thereon and all other amounts owed hereunder with respect thereto) upon the consummation or occurrence of a Prepayment Event.
In Whole. During the period beginning with the Effective Date of this Amendment 6 and ending on 31 December 2005, the termination liability charge to LMCLS shall be the greater of the unpaid balance of payments for all guaranteed missions (both Facility Services Fee and the Mission Services Fee) required through31 December 2005, or $5.2M. During CY2006, the termination liability charge to LMCLS shall be the unpaid balance of guaranteed payments (both Facility Services Fees and Mission Services Fee) required during that year. The maximum termination liability to LMCLS during the term of this Agreement under any circumstances shall be $16.85M. The Pricing Schedules for both the Facility Services Fees and Mission Services Fees are provided in Appendices 5 and 6 for each year through the end of the contract period. In the event of a Termination for
In Whole. LMCLS shall only have the right to terminate in whole for cause its obligation to obtain Astrotech Services under CLIN 1 and CLIN 2 of this Agreement in the event that Astrotech demonstrates an ongoing and persistent failure to meet a material provision or provisions of this Agreement and such failure or failures continue(s) without identification and initiation of mutually acceptable corrective action, acceptance of which by LMCLS shall not be unreasonably withheld, for a period of ninety (90) days following written notification to Astrotech and to Astrotech’s lender by LMCLS indicating such failure or failures and that LMCLS intends to terminate its use of Astrotech Services under this Agreement in whole. This ninety (90) day period shall be in addition to the thirty (30) day period specified in Section 12.1.2.1 and may commence only following submittal of the second written notification to Astrotech and to Astrotech’s lender by LMCLS indicating such failure or failures as specified in Section 12.1.2.1. During this same ninety (90) day period, Astrotech agrees that LMCLS’ payloads may be processed at an alternate (to Astrotech) facility, and any payloads terminated in part pursuant to Section 12.1.2.1 and processed at an alternate facility shall be credited towards LMCLS’ guaranteed minimum of four processings during that calendar year. Written notification of contract termination in whole shall be submitted by LMCLS to Astrotech and to Astrotech’s lender at the conclusion of the ninety (90) day cure period.
In Whole. (i) if the operation of the Project ceases, under the conditions set forth in the Loan Agreement, (ii) upon the second occurrence of an Event of Taxability (as defined in the Loan Agreement); and (b) in whole or in part upon the occurrence of an event of condemnation, damage to or destruction of the Project. The Bonds are subject to redemption, at the option of the Borrower, in whole or in part, as directed by the Borrower, on any Interest Payment Date on or after [ ] 1, 2009, at the Redemption Price, plus a premium of (i) 2% if redeemed prior to [ ] 1, 2010, (ii) 1% if redeemed on or after [ ], 2010 and prior to [ ] 1, 2011, or without premium if redeemed on or after [ ] 1, 2011. The Term Bonds are subject to mandatory redemption as follows: TERM BONDS DUE [_________] ____ , 2014 YEAR [_________ ] 1 [________ ] 1 2009 $ $ 2010 2011 2012 2013
In Whole. Contractor shall not assign in whole its rights or delegate in whole its duties under the Contract without Procurement Officer’s prior written consent, which consent
