Common use of Termination; Survival Following Termination Clause in Contracts

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period upon five (5) Trading Days’ notice to the other party, by giving written notice as required by this Agreement; provided that, (A) if the Company terminates this Agreement after the Agent or Forward Seller confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(ix) or (x) with respect to such Shares and (B) Section 2, Section 6, Section 7 and Section 8 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares or Forward Hedge Settlement Date for the sale of any Forward Hedge Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Termination; Survival Following Termination. (i) Either party The Company or the Agent may terminate this Agreement prior to the end of the Agency Period upon five (5) Trading Days’ notice Period, with respect to the other partyissuance and sale of Shares by the Company, and the Selling Stockholder, the Agent or the Forward Purchaser may terminate this Agreement prior to the end of the Agency Period, with respect to the sale of Shares by the Selling Stockholder (including through any Forward), by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that, (A) if the Company or the Selling Stockholder terminates this Agreement after the Agent or Forward Seller confirms to the Company any sale of Shares (or the Forward Purchaser confirms to the Selling Stockholder any sale of Forward Hedge Shares), the Company and the Selling Stockholder, as applicable, shall remain obligated to comply with Section 3(b)(ix) or (x3(b)(v) with respect to such Shares or applicable Forward, as applicable, and (B) Section 2, Section 6, Section 7 and Section 8 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares or Forward Hedge Settlement Date for the sale of any Forward Hedge Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Termination; Survival Following Termination. (i) Either party The Selling Stockholder, the Agent or the Forward Purchaser may terminate this Agreement prior to the end of the Agency Period upon five (5) Trading Days’ notice Period, with respect to the other partysale of Shares by the Selling Stockholder (including through any Forward), by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that, that (A) if the Company Selling Stockholder terminates this Agreement after the Agent or Forward Seller confirms to the Company Selling Stockholder any sale of Shares (or the Forward Purchaser confirms to the Selling Stockholder any sale of Forward Hedge Shares), the Company Selling Stockholder shall remain obligated to comply with Section 3(b)(ix) or (x3(b)(v) with respect to such Shares or applicable Forward, as applicable, and (B) Section 2, Section 6, Section 7 and Section 8 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares or Forward Hedge Settlement Date for the sale of any Forward Hedge Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

Termination; Survival Following Termination. (i) Either party The Selling Stockholders, the Agent or the Forward Purchaser may terminate this Agreement prior to the end of the Agency Period upon five (5) Trading Days’ notice Period, with respect to the other partysale of Shares by the Selling Stockholders (including through any Forward), by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that, (A) if the Company terminates Selling Stockholders terminate this Agreement after the Agent or Forward Seller confirms to the Company Selling Stockholders any sale of Shares (or the Forward Purchaser confirms to the Selling Stockholders any sale of Forward Hedge Shares), the Company Selling Stockholders shall remain obligated to comply with Section 3(b)(ix) or (x3(b)(v) with respect to such Shares or applicable Forward, as applicable, and (B) Section 2, Section 6, Section 7 and Section 8 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares or Forward Hedge Settlement Date for the sale of any Forward Hedge Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.