TERMINATION; WAIVER. The Acquiring Fund and the Acquired Fund may terminate this Agreement by mutual agreement. In addition, either the Acquiring Fund or the Acquired Fund may at its option terminate this Agreement at or prior to the Closing Date because:
TERMINATION; WAIVER. Tenant waives the provisions of California Civil Code Sections 1932(2) and 1933(4) (and all similar or successor statutes) which relate to the termination of leases when the thing leased is destroyed, and agrees that such event shall be governed by the terms of this Lease.
TERMINATION; WAIVER. This Section 3.4 shall become ineffective and no longer apply upon the occurrence of (i) at such time that Walgreens no longer holds a Majority Stake, provided that the Company has complied with this Section 3.4, or (ii) the written consent of Walgreens. The provisions of this Section 3.4 may be waived with the prior written consent of both the Walgreens Transactions Committee and Walgreens.
TERMINATION; WAIVER. The Company’s obligations under this Section 3 will terminate (a) upon the closing of a Qualified IPO (as such term is defined in the Company’s Restated Certificate of Incorporation, as it may be amended from time to time); (b) upon (1) the acquisition of all or substantially all the assets of the Company or (2) the closing of a Liquidation Event (as such term is defined in the Company’s Restated Certificate of Incorporation, as it may be amended from time to time) pursuant to which the Investors receive cash, marketable securities, and/or securities that are registered under the Securities Act of 1933, as amended; provided, however, in the event that such Liquidation Event is a sale of all or substantially all of the assets, this Agreement shall not terminate until the proceeds of such sale have been distributed to the stockholders in accordance with their liquidation preferences; or (c) with respect to any Rights Holder, on the date such Rights Holder no longer holds at least 50,000 shares of Preferred Stock, and/or Conversion Stock (as adjusted for any stock splits and combinations, stock dividends, recapitalizations or the like). For purposes of determining the number of shares held by a Rights Holder, the holdings of partners, members, stockholders or affiliates of such Rights Holder shall be aggregated together. Notwithstanding anything in Section 4.2 to the contrary, any provision of this Section 3 may be waived, either in whole or in part, and either prospectively or retrospectively, by Investors holding at least two thirds (2/3) of the Registrable Securities then held by all Investors (voting as a single class on an as-converted basis); provided, however, that the written consent of the holders of (i) a majority of the then outstanding Series E Preferred Stock, and (ii) a majority of the then outstanding Series F Preferred Stock, shall be required to the extent so required by Sections 3.2(j) and/or (l) above.
TERMINATION; WAIVER. The provisions of this Section 4 shall terminate with respect to all Stockholders upon the earlier of: (a) the consummation of the Qualified Public Offering and (b) upon a Deemed
TERMINATION; WAIVER. 9.1 Termination by Mutual Consent 69 9.2 Termination by Either Parent or the Company 69 9.3 Termination by Parent 70 9.4 Termination by the Company 70 9.5 Effect of Termination 70 9.6 Extension; Waiver 74 ARTICLE X MISCELLANEOUS
TERMINATION; WAIVER. (a) The parties hereto may terminate this Agreement by mutual consent. In addition, either party may, at its option, terminate this Agreement at or prior to the Closing Date because
TERMINATION; WAIVER. If any provision to this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder.
TERMINATION; WAIVER. This Section 3.5 shall become ineffective and no longer apply upon the occurrence of (i) at such time that Walgreens no longer holds a Majority Stake, provided that the Company has complied with this Section 3.5, or (ii) the written consent of Walgreens. The provisions of this Section 3.5 may be waived with the prior written consent of both the Walgreens Transactions Committee and Xxxxxxxxx; provided, however that Cigna’s rights under this Section 3.5 may only be waived as a result of failing to timely provide a written confirmation pursuant to the last sentence of Section 3.5(a) (which shall be a waiver only with respect to the applicable issuance) or with the prior written consent of Cigna.
TERMINATION; WAIVER. Europe Fund and France Fund may terminate this Agreement by mutual agreement. In addition, either Europe Fund or France Fund may at its option terminate this Agreement at or prior to the Closing Date because:
