Termination by the Investor. The Investor may terminate the right of the Company to effect any Draw Downs under this Agreement upon one (i) Trading Day's notice if any of the following events (each, an "Event of Default") shall occur:
Termination by the Investor. This Agreement may be terminated forthwith during the Commitment Period by the Investor by giving written notice of such termination to the Company if:
Termination by the Investor. This Agreement may be terminated prior to the Redemption Date by the Investor if:
Termination by the Investor. If the Company does not timely --------------------------- satisfy the conditions to closing set forth in Section 4.9 and 4.10 above, the Investor may terminate its commitment to purchase the Note by delivery of written notice to Company.
Termination by the Investor. (a) Subject to the Investor and/or the Company having complied in all material respects, as of the date of termination of the Agreement, with all of their notification and application requirements, if any, in relation to each relevant step mentioned below, in the event that:
Termination by the Investor for Circumstances relating to the Investor
Termination by the Investor. This Agreement may be terminated forthwith during the Commitment Period by the Investor by giving written notice of such termination to the Company or the Resulting Company if: (a) the Company or the Resulting Company has breached in any material respect any representation, warranty, covenant or agreement contained in this Agreement (including, without limitation, any failure to issue and/or, procure the Listing of Common Shares on time) and (if such breach is curable) such breach is not cured within 10 Business Days following receipt by the Company of notice of such breach; (b) there has been any event which has had a Material Adverse Effect; (c) there has been a change in applicable law which makes the Investor unable to comply with its obligations under this Agreement without incurring additional cost, other than minimal cost, to be determined by the Investor acting reasonably; or (d) any Common Shares are delisted from the Exchange.
Termination by the Investor. The Investor shall be entitled to terminate this Agreement forthwith, by giving a notice in writing, upon the occurrence of one or more Events of Default.
Termination by the Investor. Subject to any cure periods, the Investor may terminate the right of the Company to effect any Draw Downs under this Agreement upon ten (10) Trading Day's notice if any of the following events (each, an "Event of Default") shall occur:
Termination by the Investor. Without limiting any provision of Section 8.2, this Agreement may be terminated and the transactions contemplated hereby may be abandoned by action of the Investor if (a) the Company shall have failed to comply in any material respect with any of the covenants or agreements contained in this Agreement to be complied with or performed by the Company at or prior to such date of termination, and the Company shall not, within a reasonable period of time after notice of such failure, have cured or commenced prompt and diligent measures which would promptly cure such failure, (b) there shall have been a misrepresentation or breach by the Company with respect to any representation or warranty made by it in this Agreement and such misrepresentation or breach cannot be cured prior to the Closing Date, or (c) the number of shares of Common Stock outstanding on a fully diluted basis exceeds 100,000,000 as a result of an issuance that Investor reasonably believes is likely to materially and adversely affect the market value of the Common Stock it is to acquire hereunder.
