Common use of Notice of Payment of Termination Payment Clause in Contracts

Notice of Payment of Termination Payment. Section 5.4 is amended by inserting at the end thereof the following: “Notwithstanding anything to the contrary in this Agreement, the Non- Defaulting Party need not pay to the Defaulting Party any amount under Article Five until all other obligations of the Defaulting Party, or its Guarantor, to make any payments to the Non-Defaulting Party under this Agreement which are due and payable as of the Early Termination Date (including any amounts payable pursuant to each Excluded Transaction) have been fully and finally performed.”

Notice of Payment of Termination Payment. Section 5.4 is amended by inserting at the end thereof the following: “Notwithstanding anything to the contrary in this Agreement, the Non- Non-Defaulting Party need not pay to the Defaulting Party any amount under Article Five until all other obligations of the Defaulting Party, or its Guarantor, to make any payments to the Non-Defaulting Party under this Agreement which are due and payable as of the Early Termination Date (including any amounts payable pursuant to each Excluded Transaction) have been fully and finally performed.”

Notice of Payment of Termination Payment. Section 5.4 is amended by inserting at the end thereof the following: “Notwithstanding anything to the contrary in this Agreement, the Non- Defaulting Party need not pay to the Defaulting Party any amount under Article Five until all other obligations of the Defaulting Party, or its Guarantor, to make any payments to the Non-Defaulting Party under this Agreement which are due and payable as of the Early Termination Date (including any amounts payable pursuant to each Excluded Transaction) have been fully and finally performed.”