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 (a) the Effective Time, (b) termination of the Merger Agreement in accordance with its terms or (c) if the HRB Board of Directors has delivered to its shareholders a Recommendation Change in accordance with the Merger Agreement, and upon any such termination all rights or obligations of the parties under this Agreement shall immediately terminate.
Appears in 6 contracts
Samples: Voting Agreement (Anchorage Capital Group, L.L.C.), Voting Agreement (Carlyle Group Management L.L.C.), Voting Agreement (Xenith Bankshares, 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, 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 (a) the Effective Time, (b) termination of the Merger Agreement in accordance with its terms or (c) if the HRB Board of Directors has delivered to its shareholders a Recommendation Change in accordance with the Merger Agreement, and upon any such termination all rights or obligations of the parties under this Agreement shall immediately terminate, except that each party shall remain liable with respect to breaches of this Agreement occurring prior to such termination.
Appears in 3 contracts
Samples: Merger Agreement (Mercantile Bankshares Corp), Voting Agreement (Mercantile Bankshares Corp), Voting Agreement (Monroe James Bancorp 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 (a) the Effective Time, (b) termination of the Merger Agreement in accordance with its terms or (c) if the HRB Xenith Board of Directors has delivered to its shareholders a Recommendation Change in accordance with the Merger Agreement, and upon any such termination all rights or obligations of the parties under this Agreement shall immediately terminate.
Appears in 2 contracts
Samples: Voting Agreement (Hampton Roads Bankshares Inc), Voting Agreement (Xenith Bankshares, 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 and all obligations of the parties hereunder shall automatically terminate upon the earlier earliest to occur of (a) the Effective Timemutual written consent of the parties hereto, (b) the Effective Time and (c) the termination of the Merger Agreement in accordance with its terms or (c) if the HRB Board of Directors has delivered to its shareholders a Recommendation Change in accordance with the Merger Agreement, and upon any such termination all rights or obligations of the parties under this Agreement shall immediately terminateterms.
Appears in 2 contracts
Samples: Voting Agreement (HRG Group, Inc.), Voting Agreement (Spectrum Brands Holdings, 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 earliest of (a) the Effective Time, (b) termination of the Merger Agreement in accordance with its terms or and (c) if written notice of termination of this Agreement by Xenith to the HRB Board of Directors has delivered to its shareholders a Recommendation Change in accordance with the Merger AgreementShareholders, and upon any such termination all rights or obligations of the parties under this Agreement shall immediately terminate, except as provided in Section 5.11 hereof.
Appears in 1 contract
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 earliest of (a) the Effective Time, (b) termination of the Merger Agreement in accordance with its terms or and (c) if written notice of termination of this Agreement by FBS to the HRB Board of Directors has delivered to its shareholders a Recommendation Change in accordance with the Merger AgreementShareholders, and upon any such termination all rights or obligations of the parties under this Agreement shall immediately terminate, except as provided in Section 5.11 hereof.
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