Breach of Section 5 Sample Clauses

Breach of Section 5. 7. In the event of a breach by the ADCS Group or any ADCS Group Subsidiary of Section 5.7 (subject to written notice and a thirty business day cure period), the ATMI Group may pursue any and all remedies available to it at law or in equity. Recovery by the ATMI Group of a termination payment under Section 9.2 shall not bar any such action for breach of Section 5.7, but the amount of any monetary damages awarded to the ATMI Group in such action shall be reduced by the termination payment actually received by the ATMI Group.
Sample 1
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Breach of Section 5. 1 or 5.2. Breach by Content Provider of Sections 5.1 or 5.2 shall be subject only to such remedies for breach of mandatory Managed Copy obligations as are set forth under the Final Content Provider Agreement (or Final Content Participant Agreement) to which Content Provider is a party. To the extent such Final Content Provider Agreement (or Final Content Participant Agreement) provides third party beneficiary rights to Adopters for a violation of Section 5.1 or 5.2, such Adopters are intended beneficiaries of the obligations of Content Provider under such Sections of this Interim Agreement.
Sample 1
Breach of Section 5. 6. In the event the Manager either receives a Notice of Withdrawal as provided in Section 5.6 or receives notice of a breach of Section 5.6 by a Physician Member (the "Defaulting Physician Member"), the Manager may elect, in its sole discretion, to treat such event as a default under this Agreement and enforce the provisions of this Section 11.3. If the Manager elects to enforce the provisions of this Section 11.3, the Manager shall give written notice of such election (the "Notice of Default") to the Defaulting Physician Member within 180 days of the date the Manager first received notice of the defaulting event. Upon giving the Notice of Default, the Manager shall have the option to purchase at the Closing (as defined below) the Membership Interest of the Defaulting Physician Member (which Defaulting Physician Member shall then become obligated to sell such Membership Interest) at the price determined in the manner provided in Section 11.6 of this Agreement and on the terms and conditions provided in Section 11.7 of this Agreement. The Manager shall have a period of thirty (30) days following the date of the Notice of Default (the "Option Period") within which to notify in writing the Defaulting Physician Member, whether the Manager wishes to purchase all or a portion of the Membership Interest of the Defaulting Physician Member. If the Manager does not elect to purchase the entire Membership Interest of the Defaulting Physician Member before the expiration of the Option Period and in the manner provided herein, the portion of the Membership Interest not purchased shall be held by the Defaulting Physician Member pursuant to the terms of this Agreement. The Manager, in its sole discretion, may elect to assign its rights to purchase the Membership Interest of a Defaulting Physician Member under this Section 11.3 to the Company and, in such case, the Company shall have the same rights as provided for the Manager under this Section 11.3.
Sample 1
Breach of Section 5. 6. In the event the Partnership receives notice of a breach of Section 5.6 by or with respect to a Limited Partner (the "Defaulting Limited Partner"), the Partnership may elect, in its sole discretion, to treat such event as a default under this Agreement and enforce the provisions of this Section 9.1(c). If the Partnership elects to enforce the provisions of this Section 9.1(c), the Partnership shall give written notice of such election (the "Notice of Default") to the Defaulting Limited Partner. The Partnership shall have the option to purchase at the Closing (as defined below) the Partnership Interest of the Limited Partner (which the Limited Partner shall then become obligated to sell) at the price determined in the manner provided in Section 9.1(f) of this Agreement and on the terms and conditions provided in Section 9.2 of this Agreement. The Partnership shall have a period of thirty (30) days following the date it sends the Notice of Default (the "Option Period") within which to notify in writing the Defaulting Limited Partner, whether the Partnership wishes to purchase all or a portion of the Partnership Interest of the Defaulting Limited Partner. If the Partnership does not elect to purchase all of the Partnership Interest of the Defaulting Limited Partner before the expiration of the Option Period and in the manner provided herein, the portion of the Partnership Interest not purchased shall be held by the Defaulting Limited Partner pursuant to the terms of this Agreement. The Partnership, in its sole discretion, may elect to assign its rights to purchase the Partnership Interest of a Defaulting Limited Partner under this Section 9.1(c) to the General Partner and, in such case, the General Partner shall have the same rights as provided for the Partnership under this Section 9.1(c).
Sample 1
Breach of Section 5. 07. By Buyer, if at any time within 30 days following the date of this Agreement, Parent shall have materially breached its obligations under Section 5.07 of this Agreement.
Sample 1

Related to Breach of Section 5

  • Amendment of Section 8 15(b). Section 8.15(b) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment of Section 9 17. In respect of the 2018 Notes only, the provisions of Section 4.16 of the Indenture are amended by deleting the text of such Section in its entirety and inserting in lieu thereof the phrase “[intentionally omitted]”. Such provisions shall be deemed not to have been deleted in respect of the 2021 Notes.

  • Amendment of Section 6 14. Section 6.14 of the Credit Agreement is amended to read as follows:

  • Amendment of Section 7 2.10(f). Clause (iii) of Section 7.2.10(f) of the Credit Agreement is hereby amended and restated in its entirety to the following:

  • Amendment of Section 10 1. Section 10.1 of the Note Agreement is amended to read in its entirety as follows:

  • Amendment of Section 5 3. Section 5.3 of the Agreement is hereby amended to read as follows:

  • Amendment of Section 4 6. Pursuant to Section 9.2 of the Indenture, Section 4.6(a) of the Indenture is hereby amended and restated in its entirety to read as follows:

  • Amendment of Section 9.2. Section 9.2 of the Credit Agreement is hereby amended to read in its entirety as follows:

  • Amendment of Section 3 Section 3 of the Employment Agreement is hereby deleted in its entirety and replaced with the following: Term. Unless otherwise terminated in accordance with Sections 8, 9, 10 or 11, the Employment Term shall be for a term ending April 30, 2015. This Agreement shall be automatically renewed for successive additional Employment Terms of one (1) year each unless notice of termination is given in writing by either party to the other party at least thirty (30) days prior to the expiration of the initial Employment Term or any renewal Employment Term.

  • Amendment of Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate locations according to alphabetical order, or by amending and restating existing definitions to read as indicated, as applicable:

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