Additional Owner Termination Rights Sample Clauses

Additional Owner Termination Rights. Owner may terminate this Agreement without the payment of any fee or penalty to Manager upon notice to Manager of the occurrence of any of the following:
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Additional Owner Termination Rights. In addition to the rights contained in Sections 8.1 and 8.2, Owner shall have the right to terminate this Agreement: (i) on the tenth anniversary of the Effective Date if the rental payments payable by Owner to FelCor pursuant to the Lease Agreements during the two then most recently completed Fiscal Years provide FelCor with less than a 12% Cash-on- Cash Return; (ii) on the fifteenth anniversary of the Effective Date if the rental payments payable by Owner to FelCor pursuant to the Lease Agreements during the two then most recently completed Fiscal Years provide FelCor with less than a 12% Cash-on-Cash Return; (iii) if after the 1997 Fiscal Year the Initial Hotels fail to achieve for any two consecutive Fiscal Years either (a) 90% of their aggregate budgeted Net Operating Income (which budgets shall be mutually agreed to between Owner and Operator) or (b) 90% of the Star Report yield index calculated on an aggregate basis for the Initial Hotels based on the competitive set of the Hotels (which competitive set shall be mutually agreed to between Owner and Operator within 30 days from the Effective Date); or (iv) at the option of Owner, upon the occurrence of a Change of Control; provided, however, that Owner shall not have any termination rights pursuant to this Section 8.3 if the conditions of clauses (i), (ii) or (iii) which gave rise to such termination rights would not have occurred but for the existence of a Force Majeure. If Owner elects to exercise any termination right set forth in this Section 8.3, Owner must give written notice of such election to Operator within thirty (30) business days of the date that Owner has received from Operator the certified profit and loss statement for the relevant Fiscal Year for each of the Initial Hotels (or, in the case of clause (iv), within 30 days of Owner's receipt of written notice of the applicable Change of Control). Upon receipt of such notice of election from Owner (other than with respect to clause (iii)(b) or (iv) above), Operator and its Affiliates shall have the right within fifteen (15) business days following such notice to eliminate Owner's termination right with respect to such notice by paying to Owner the amount necessary to cure any shortfall in the rental payments or aggregate budgeted Net Operating Income of the Initial Hotels which gave rise to such termination right.
Additional Owner Termination Rights. 21 8.4 Remedies............................................ 22
Additional Owner Termination Rights. 21 8.4 Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 iii 61

Related to Additional Owner Termination Rights

  • Other Termination Rights This Agreement may be terminated at any time prior to the Closing by the applicable party if and to the extent permitted in Part V of Appendix B.

  • Additional Termination Rights In addition to any right to terminate this Agreement under the provisions of this Section 16, either party shall have the further right to terminate this Agreement, upon delivery of written notice to the Agent, upon the occurrence of any of the following:

  • Term; Termination; Rights on Termination The term of this Agreement shall begin on the date hereof and continue for three (3) years, and, unless terminated sooner as herein provided, shall continue thereafter on a year-to-year basis on the same terms and conditions contained herein in effect as of the time of renewal (such initial three year period and any extensions thereof being referred to herein as the "Term"). This Agreement and Employee's employment may be terminated in any one of the following ways:

  • Termination; Rights on Termination Employee's employment may be ---------------------------------- terminated in any one of the followings ways, prior to the expiration of the Term:

  • Termination Rights This Agreement may be terminated at any time prior to the Closing:

  • Buyer’s Termination Right If, prior to Closing and the delivery of possession of the Property to Buyer in accordance with this Contract, (a) any condemnation proceeding shall be pending against a substantial portion of the Hotel or (b) there is any substantial casualty loss or damage to the Hotel, Buyer shall have the option to terminate this Contract, provided Buyer delivers written notice to Seller of its election within twenty (20) days after the date Seller has delivered Buyer written notice of any such loss, damage or condemnation as provided above, and in such event, the Xxxxxxx Money Deposit, and any interest thereon, shall be delivered to Buyer and thereafter, except as expressly set forth herein, no party shall have any further obligation or liability to the other under this Contract. In the context of condemnation, “substantial” shall mean condemnation of such portion of a Hotel (or access thereto) as could, in Buyer’s reasonable judgment, render use of the remainder impractical or unfeasible for the uses herein contemplated, and, in the context of casualty loss or damage, “substantial” shall mean a loss or damage in excess of One Hundred Thousand and No/100 Dollars ($100,000.00) in value.

  • Termination Right The Representative shall have the right to terminate this Agreement at any time prior to any Closing Date, (i) if any domestic or international event or act or occurrence has materially disrupted, or in its opinion will in the immediate future materially disrupt, general securities markets in the United States; or (ii) if trading on any Trading Market shall have been suspended or materially limited, or minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required by FINRA or by order of the Commission or any other government authority having jurisdiction, or (iii) if the United States shall have become involved in a new war or an increase in major hostilities, or (iv) if a banking moratorium has been declared by a New York State or federal authority, or (v) if a moratorium on foreign exchange trading has been declared which materially adversely impacts the United States securities markets, or (vi) if the Company shall have sustained a material loss by fire, flood, accident, hurricane, earthquake, theft, sabotage or other calamity or malicious act which, whether or not such loss shall have been insured, will, in the Representative’s opinion, make it inadvisable to proceed with the delivery of the Securities, or (vii) if the Company is in material breach of any of its representations, warranties or covenants hereunder, or (viii) if the Representative shall have become aware after the date hereof of such a material adverse change in the conditions or prospects of the Company, or such adverse material change in general market conditions as in the Representative’s judgment would make it impracticable to proceed with the offering, sale and/or delivery of the Securities or to enforce contracts made by the Underwriters for the sale of the Securities.

  • Waiver; Termination No failure on the part of the Parent to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of the Parent in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. The Parent shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of the Parent; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. If the Merger Agreement is terminated, this Agreement shall thereupon terminate.

  • Earlier Termination Your employment hereunder shall terminate prior to the Initial Term (or any renewal term, in the event of renewal) on the following terms and conditions:

  • Additional Termination Event If any "Additional Termination Event" is specified in the Schedule or any Confirmation as applying, the occurrence of such event (and, in such event, the Affected Party or Affected Parties shall be as specified for such Additional Termination Event in the Schedule or such Confirmation).

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