Termination of Obligations to Effect Closing; Effects. (a) The obligations of the Company, on the one hand, and the Investors, on the other hand, to effect the Closing shall terminate as follows:
Termination of Obligations to Effect Closing; Effects. 8.1 The obligations of the Company, on the one hand, and the Purchasers, on the other hand, to effect the Closing shall terminate as follows:
Termination of Obligations to Effect Closing; Effects. (a) The obligations of the Company, on the one hand, and the Investor, on the other hand, to effect the Closing shall terminate as follows: (i) Upon the mutual written consent of the Company and the Investor; (ii) By the Company if (A) any of the conditions set forth in Section 10.2 shall have become incapable of fulfillment, and shall not have been waived by the Company, or (B) the Company has satisfied all conditions set forth in Section 10.1 with respect to the Closing and the Closing has not occurred prior to 5:00 P.M. New York time on the deadline set forth in Section 3 with respect for the Closing Date. (iii) By the Investor if (A) any of the conditions set forth in Section 10.1 shall have become incapable of fulfillment, and shall not have been waived by the Investor, or (B) the Investor has satisfied all conditions set forth in Section 10.2 with respect to the Closing and the Closing has not occurred prior to 5:00 P.M. New York time on the deadline set forth in Section 3 with respect for the Closing Date. (iv) By the Investor if the Company is in breach of any of the representations and warranties set forth in Section 4. provided, however, that, except in the case of clauses (ii), (iii) or (iv) above, the party seeking to terminate its obligation to effect the Closing shall not then be in breach of any of its representations, warranties, covenants or agreements contained in this Agreement or the other Transaction Documents if such breach has resulted in the circumstances giving rise to such party’s seeking to terminate its obligation to effect the Closing. (b) If the Investor terminates this Agreement pursuant to clause (iii) or (iv) above, the Company shall reimburse the Investor for all attorneys fees relating to the negotiation, preparation, execution or termination of the Transaction Documents. (c) Nothing in this Section 10.3 shall be deemed to release any party from any liability for any breach by such party of the terms and provisions of this Agreement or the other Transaction Documents or to impair the right of any party to compel specific performance by any other party of its obligations under this Agreement or the other Transaction Documents. 11.
Termination of Obligations to Effect Closing; Effects. (a) This Agreement may be terminated, on a Purchaser-by-Purchaser basis, as follows:
Termination of Obligations to Effect Closing; Effects. (a) The obligations of the Company, on the one hand, and the Investors, on the other hand, to effect the Closing shall terminate upon the mutual written consent of the Company and the Investors that agreed to purchase a majority of the Securities to be issued and sold pursuant to this Agreement (but shall include the consent of the GA Vehicle).
Termination of Obligations to Effect Closing; Effects. 7.1 The obligations of the Company, on the one hand, and PDL BioPharma, Inc., on the other hand, to effect the First Closing shall terminate as follows:
Termination of Obligations to Effect Closing; Effects. (a) The obligations of the Company, on the one hand, and the Investors, on the other hand, to effect the Closing shall terminate as follows: (i) Upon the mutual written consent of the Company and the Required Investors; (ii) By the Company if any of the conditions set forth in Section 6.2 shall have become incapable of fulfillment, and shall not have been waived by the Company; -8- MIA 186599799v1 MIA 186599799v3
Termination of Obligations to Effect Closing; Effects. (a) The obligations of each of GSPAC and SouthPeak, on the one hand, and the Investors, on the other hand, to effect the Closing shall terminate as follows:
Termination of Obligations to Effect Closing; Effects. The obligations of Liquidia, on the one hand, and the Buyers, on the other hand, to effect the Closing shall terminate as follows:
Termination of Obligations to Effect Closing; Effects. (a) The obligations of the Stockholder, on the one hand, and CSA, on the other hand, to effect the Closing shall terminate as follows:
