Ability to Terminate Sample Clauses

Ability to Terminate. This Agreement may be terminated at any time prior to the Closing by: (a) mutual written consent of the Company and the Investor; (b) either the Company or the Investor, upon written notice to the other, if any of the mutual conditions to the Closing set forth in Section 8 hereof shall have become incapable of fulfillment by the Termination Date and shall not have been waived in writing by the other party within ten business days after receiving receipt of written notice of an intention to terminate pursuant to this clause (b); provided, however, that the right to terminate this Agreement under this Section 9.1(b) shall not be available to any party whose failure to fulfill any obligation under this Agreement has been the cause of, or resulted in, the failure to consummate the transactions contemplated hereby prior to the Termination Date; (c) the Company, upon written notice to the Investor, so long as the Company is not then in breach of its representations, warranties, covenants or agreements under this Agreement such that any of the conditions set forth in Section 6.1, 6.2, 6.3, 6.4 or 6.5 hereof, as applicable, could not be satisfied by the Termination Date, (i) upon a material breach of any covenant or agreement on the part of the Investor set forth in this Agreement, or (ii) if any representation or warranty of the Investor shall have been or become untrue, in each case such that any of the conditions set forth in Section 7.1, 7.2, 7.3 or 7.4 hereof, as applicable, could not be satisfied by the Termination Date; (d) the Investor, upon written notice to the Company, so long as the Investor is not then in breach of its representations, warranties, covenants or agreements under this Agreement such that any of the conditions set forth in Section 7.1, 7.2, 7.3, or 7.4 hereof, as applicable, could not be satisfied by the Termination Date, (i) upon a material breach of any covenant or agreement on the part of the Company set forth in this Agreement, or (ii) if any representation or warranty of the Company shall have been or become untrue, in each case such that any of the conditions set forth in Section 6.1, 6.2, 6.3, 6.4 or 6.5 hereof, as applicable, could not be satisfied by the Termination Date.

Ability to Terminate. Notwithstanding anything contained in this Agreement, the Subscriber may, by written notice to the Issuer given at any time prior to payment of the net subscription monies for the Subscription Securities to the Issuer, terminate this Agreement in any of the following circumstances: 9.1.1 if there shall have come to the notice of the Subscriber any breach of, or any event rendering untrue or incorrect in any respect, any of the warranties and representations contained in this Agreement or any failure to perform any of the Issuer’s undertakings or agreements in this Agreement; 9.1.2 if any of the conditions specified in Clause 6 have not been satisfied or (if capable of being waived) waived by the Subscriber on or prior to the Closing Date; 9.1.3 if there shall have been, since the date of this Agreement, any change, or any development involving a prospective change, in national or international monetary, financial, political or economic conditions (including any disruption to trading generally, or trading in any securities of the Issuer on any stock exchange or in any over‑the‑counter market) or currency exchange rates or foreign exchange controls such as would in the opinion of the Subscriber, be likely to prejudice materially the success of the issue of the Subscription Securities or dealings in the Subscription Securities in the secondary market; 9.1.4 if, in the opinion of the Subscriber, there shall have occurred any of the following events: (i) a suspension or a material limitation in trading in securities generally on the New York Stock Exchange, the London Stock Exchange plc, the Singapore Stock Exchange and/or the Hong Kong Stock Exchange and/or any other stock exchange on which the Issuer’s securities are traded; (ii) a suspension in trading in the Issuer’s securities on the Hong Kong Stock Exchange or the Issuer’s American Depositary Receipts on the New York Stock Exchange and/or any other stock exchange on which any of the Issuer’s securities are traded (other than any suspension in connection with the issue of the Subscription Securities, or in respect of the transactions described in the Announcement (including any exercise by China IC Fund of its pre-emptive rights)); (iii) a general moratorium on commercial banking activities in the United States, Singapore, Hong Kong and/or the United Kingdom declared by the relevant authorities or a material disruption in commercial banking or securities settlement or clearance services in the United State...

Ability to Terminate. The Parties may terminate this Agreement as provided below: (a) Parent, Seller and Investor may terminate this Agreement by mutual written consent at any time prior to the Closing; (b) Investor may terminate this Agreement by giving written notice to Seller if any of the conditions set forth in Section 4.1 shall have become incapable of fulfillment on or before the End Date, and shall not have been waived by Investor in its sole discretion (unless the failure of any such condition to have been fulfilled results primarily from Investor breaching any representation, warranty, or covenant contained in this Agreement); (c) Parent and Seller may terminate this Agreement by giving written notice to Investor if any of the conditions set forth in Section 4.2 shall have become incapable of fulfillment on or before the End Date, and shall not have been waived by Parent and Seller, each in its sole discretion (unless the failure of any such condition to have been fulfilled results primarily from Parent or Seller breaching any representation, warranty, or covenant contained in this Agreement); (d) If any one of the Pro Forma Credit Ratings is lower than the applicable Target Rating, then Investor may terminate this Agreement by giving written notice to Seller and Parent on or before midnight on the later of (i) September 30, 2005 and (ii) the date that is two weeks after the date that Pro Forma Credit Ratings have been received from each of the Applicable Rating Agencies (and this termination right shall expire if such written notice is not received by Seller and Parent on or before such time); (e) Parent and Seller, on the one hand, or Investor, on the other hand, may terminate this Agreement if the Pro Forma Credit Ratings have not been received from each of the Applicable Rating Agencies on or before September 30, 2005, unless the failure to obtain any such Pro Forma Credit Rating results primarily from such Party’s breach of any representation, warranty or covenant contained in this Agreement; and (f) Parent and Seller, on the one hand, or Investor, on the other hand, may terminate this Agreement if the Closing does not occur on or prior to March 31, 2006 (the “End Date”).

Ability to Terminate. Executive may terminate this Agreement and his employment with the Company prior to the expiration of the Agreement Term. The Company may also terminate this Agreement and Executive's employment with the Company prior to the expiration of the Agreement Term. In the event of a termination of this Agreement by either Executive or the Company, the termination payments provided in this Section 5 shall be the only payments that the Company shall be obligated to make on account of or after such termination, except for any benefits provided under any employee benefit plan of the Company.

Ability to Terminate. (a). No Party shall be entitled to terminate this Agreement under Section 9.1 if the Closing has failed to occur because such Party negligently or willfully failed to perform or observe in any material respect its covenants or agreements hereunder.

Ability to Terminate. The Agreement may be terminated. (a) At any time by mutual written consent of Purchaser and Sellers. (b) By Purchaser, upon written notice to Sellers, (i) upon a material breach of any covenant or agreement on the part of the Sellers set forth in this Agreement, or (ii) if any representation or warranty of Sellers shall have been or become untrue, in each case such that any of the conditions set forth in Section 4.1 could not be satisfied by the Termination Date.. (c) By Sellers, upon written notice to Purchaser, (i) upon a material breach of any covenant or agreement on the part of Purchaser set forth in this Agreement, or (ii) if any representation or warranty of Purchaser shall have been or become untrue, in each case such that any of the conditions set forth in Section 4.2 could not be satisfied by the Termination Date. (d) By either Purchaser or Sellers, upon written notice to the other, if the Closing has not occurred on or before the Termination Date.

Ability to Terminate. The Borrower is entitled to terminate this credit agreement at any time with immediate effect. The Bank is entitled to terminate this credit agreement at any time with immediate effect for regulatory or statutory reasons (e.g. violation of the GwG [Geldwäschegesetz (Anti-Money Laundering Act)] or this credit agreement). All amounts outstanding under this credit agreement at the time of termination shall become immediately due and payable.

Ability to Terminate. A party (Non-Defaulting Party) may terminate this Agreement immediately by Notice to the other party (Defaulting Party) if: (a) the Defaulting Party commits a material breach of its obligations under this Agreement and either: (i) the breach is not remedied within 14 days after a written Notice of default is given to the Non-Defaulting Party; or (ii) the breach is not capable of remedy; or (b) the Defaulting Party suffers an Insolvency Event.

Ability to Terminate. The Parties may terminate this Agreement as provided below: (a) the Purchaser and the Seller may terminate this Agreement by mutual written consent at any time prior to the Closing; (b) the Purchaser may terminate this Agreement by giving written notice to the Seller if the Closing shall not have occurred on or before December 31, 1997 by reason of the failure of any condition precedent pursuant to Sections 7.1 or 7.2 (unless the failure results primarily from the Purchaser breaching any representation, warranty, or covenant contained in this Agreement); and (c) the Seller may terminate this Agreement by giving written notice to the Purchaser if the Closing shall not have occurred on or before December 31, 1997 by reason of the failure of any condition precedent pursuant to Sections 7.1 or 7.3 (unless the failure results primarily from the Seller breaching any representation, warranty, or covenant contained in this Agreement).

Ability to Terminate. Either Party may terminate this Agreement prior to connection to the system and/or payment of the Contributed Section.