Common use of Amendments; Termination Clause in Contracts

Amendments; Termination. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the earlier of the completion of the Closing or the termination of the Merger Agreement in accordance with its terms; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.

Appears in 5 contracts

Samples: Merger Agreement (American Residential Properties, Inc.), Voting Agreement (American Homes 4 Rent), Voting Agreement (American Residential Properties, Inc.)

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Amendments; Termination. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the earlier of the completion of the Closing Effective Time or the termination of the Merger Agreement in accordance with its terms; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.

Appears in 4 contracts

Samples: Voting Agreement (Taleo Corp), Voting Agreement (Rightnow Technologies Inc), Voting Agreement (Rightnow Technologies Inc)

Amendments; Termination. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate upon the earlier of the completion of the Closing Effective Time or the termination of the Merger Agreement in accordance with its terms; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any any: (i) willful breach of any representation or warranty contained in this Agreement prior to such termination; or (ii) breach of any other provision of this Agreement prior to such termination.

Appears in 2 contracts

Samples: Merger Agreement (Eloqua, Inc.), Voting Agreement (Acme Packet Inc)

Amendments; Termination. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. This Agreement shall terminate automatically, without any notice or other action by any Person, upon the earlier expiration of the completion of the Closing or the Support Period. Upon termination of the Merger Agreement in accordance with its termsthis Agreement, no party shall have any further obligations or liabilities under this Agreement; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.

Appears in 1 contract

Samples: Tender and Support Agreement (Ceres, Inc.)

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Amendments; Termination. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. . (b) This Agreement shall terminate upon the earlier of the completion termination or expiration of the Closing Support Period or upon the termination of the Merger Agreement in accordance with its termsTransaction Agreement; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.

Appears in 1 contract

Samples: Tender and Support Agreement (Taylor Maritime Investments LTD)

Amendments; Termination. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective. . (b) This Agreement shall terminate upon the earlier termination or expiration of the completion of the Closing Support Period or upon the termination of the Merger Agreement in accordance with its termsTransaction Agreement; provided, however, that no termination of this Agreement shall relieve any party hereto from any liability for any breach of any provision of this Agreement prior to such termination.

Appears in 1 contract

Samples: Tender and Support Agreement (Taylor Maritime Investments LTD)

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