Common use of Certain Effects of Termination Clause in Contracts

Certain Effects of Termination. In the event that this Agreement is terminated in accordance with Section 7.1, neither party (nor any of its Affiliates) shall have any liability or obligation to the other (or any of its Affiliates) under or in respect of this Agreement, except to the extent of (a) any liability arising from any breach by such party of its obligations pursuant to this Agreement arising prior to such termination, and (b) any actual and intentional fraud or intentional or willful breach of this Agreement; provided that, notwithstanding any other provision set forth in this Agreement, neither the Purchaser, on the one hand, nor the Company, on the other hand, shall have any such liability in excess of the Purchase Price. In the event of any such termination, this Agreement shall become void and have no effect, and the transactions contemplated hereby shall be abandoned without further action by the parties, in each case, except (i) as set forth in the preceding sentence and (ii) that the provisions of Section 6.2 to 6.4 (Counterparts, Governing Law, Entire Agreement) and Section 6.6 through Section 6.14 (Notices, Successors and Assigns, Headings, Amendments and Waivers, Interpretations; Absence of Presumption, Severability, Specific Performance, Public Announcement, Non-Recourse) shall survive the termination of this Agreement. The parties have caused this Agreement to be executed as of the date first written above. COMPANY FINANCE OF AMERICA COMPANIES INC. By: /s/ Gxxxxx Xxxxxxx Name: Gxxxxx Xxxxxxx Title: President & Interim Chief Executive Officer LXXXXX FAMILY HOLDINGS LLC By: /s/ Bxxxx X. Xxxxxx Name: Bxxxx X. Xxxxxx Title: Manager 1. The following capitalized terms have the meanings indicated:

Certain Effects of Termination. In the event that this Agreement is terminated in accordance with Section 7.18.1, neither party (nor any of its Affiliates) shall have any liability or obligation to the other (or any of its Affiliates) under or in respect of this Agreement, except to the extent of (a) any liability arising from any breach by such party of its obligations pursuant to this Agreement arising prior to such termination, and (b) any actual and intentional fraud or intentional or willful breach of this Agreement; provided that, notwithstanding any other provision set forth in this Agreement, neither the PurchaserPurchasers, on the one hand, nor the Company, on the other hand, shall have any such liability in excess of the Purchase Price. In the event of any such termination, this Agreement shall become void and have no effect, and the transactions contemplated hereby shall be abandoned without further action by the parties, in each case, except (ix) as set forth in the preceding sentence and (iiy) that the provisions of Section 6.2 4.5 (Confidentiality), Sections 7.2 to 6.4 7.4 (Counterparts, Governing Law, Entire Agreement) and Section 6.6 Sections 7.6 through Section 6.14 7.15 (Notices, Successors and Assigns, Headings, Amendments and Waivers, Interpretations; Absence of Presumption, Severability, Specific Performance, Performance and Public Announcement, Purchaser Representative, Non-Recourse) shall survive the termination of this Agreement. The parties have caused this Securities Purchase Agreement to be executed as of the date first written above. COMPANY FINANCE OF AMERICA COMPANIES FIREEYE, INC. By: /s/ Gxxxxx Xxxxxxx Xxxxx Xxxx Name: Gxxxxx Xxxxxxx Xxxxx Xxxx Title: President & Interim Chief Executive Officer LXXXXX FAMILY HOLDINGS LLC Vice President, General Counsel and Secretary By: /s/ Bxxxx X. Xxxxxx Xxx Xxxx Name: Bxxxx X. Xxxxxx Xxx Xxxx Title: ManagerManaging Director Address: ClearSky Security Fund I LLC Attn. Managing Directors 000 Xxxxxxxx Xxxxxxxxx Xxxx Xxxxx, XX 00000 Facsimile: [***] By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: Managing Director Address: ClearSky Power & Technology Fund II LLC Attn. Managing Directors 000 Xxxxxxxx Xxxxxxxxx Xxxx Xxxxx, XX 00000 Facsimile: [***] 1. The following capitalized terms have the meanings indicated:

Certain Effects of Termination. In the event that this Agreement is terminated in accordance with Section 7.18.1, neither party (nor any of its Affiliates) shall have any liability or obligation to the other (or any of its Affiliates) under or in respect of this Agreement, except to the extent of (a) any liability arising from any breach by such party of its obligations pursuant to this Agreement arising prior to such termination, and (b) any actual and intentional fraud or intentional or willful breach of this Agreement; provided that, notwithstanding any other provision set forth in this Agreement, neither the Purchaser, on the one hand, nor the Company, on the other hand, shall have any such liability in excess of the Purchase Price. In the event of any such termination, this Agreement shall become void and have no effect, and the transactions contemplated hereby shall be abandoned without further action by the parties, in each case, except (ix) as set forth in the preceding sentence and (iiy) that the provisions of Section 6.2 4.4 (Confidentiality), Sections 7.2 to 6.4 7.4 (Counterparts, Governing Law, Entire Agreement), Section 7.5 (Expenses) and Section 6.6 Sections 7.6 through Section 6.14 7.15 (Notices, Successors and Assigns, Headings, Amendments and Waivers, Interpretations; Absence of Presumption, Severability, Specific Performance, Performance and Public Announcement, Purchaser Representative, Non-Recourse) shall survive the termination of this Agreement. The parties have caused this Securities Purchase Agreement to be executed as of the date first written above. COMPANY FINANCE OF AMERICA COMPANIES INC. API GROUP CORPORATION By: /s/ Gxxxxx Xxxxxxx Xxxxxx Name: Gxxxxx Xxxxxxx Xxxxxx Title: President & Interim Chief Executive Officer LXXXXX FAMILY BTO JUNO HOLDINGS LLC L.P. By: BTO Holdings Manager L.L.C., its general partner By: Blackstone Tactical Opportunities Associates L.L.C., its managing member By: BTOA L.L.C., its sole member By: /s/ Bxxxx Xxxxxxxxxxx X. Xxxxxx Xxxxx Name: Bxxxx Xxxxxxxxxxx X. Xxxxxx Xxxxx Title: ManagerAuthorized Person BLACKSTONE TACTICAL OPPORTUNITIES FUND – FD L.P. By: Blackstone Tactical Opportunities Associates III – NQ L.P., its general partner By: BTO DE GP – NQ L.L.C., its general partner By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: Authorized Person 1. The following capitalized terms have the meanings indicated:

Certain Effects of Termination. In the event that this Agreement is terminated in accordance with Section 7.18.1, neither party (nor any of its Affiliates) shall have any liability or obligation to the other (or any of its Affiliates) under or in respect of this Agreement, except to the extent of (a) any liability arising from any breach by such party of its obligations pursuant to this Agreement arising prior to such termination, and (b) any actual and intentional fraud or intentional or willful breach of this Agreement; provided that, notwithstanding any other provision set forth in this Agreement, neither the Purchaser, on the one hand, nor the Company, on the other hand, shall have any such liability in excess of the Purchase Price. In the event of any such termination, this Agreement shall become void and have no effect, and the transactions contemplated hereby shall be abandoned without further action by the parties, in each case, except (ix) as set forth in the preceding sentence and (iiy) that the provisions of Section 6.2 4.5 (Confidentiality), Sections 7.2 to 6.4 7.4 (Counterparts, Governing Law, Entire Agreement) and Section 6.6 Sections 7.6 through Section 6.14 7.15 (Notices, Successors and Assigns, Headings, Amendments and Waivers, Interpretations; Absence of Presumption, Severability, Specific Performance, Performance and Public Announcement, Purchaser Representative, Non-Recourse) shall survive the termination of this Agreement. The parties have caused this Securities Purchase Agreement to be executed as of the date first written above. COMPANY FINANCE OF AMERICA COMPANIES FIREEYE, INC. By: /s/ Gxxxxx Xxxxxxx Xxxxx Xxxx Name: Gxxxxx Xxxxxxx Xxxxx Xxxx Title: President & Interim Chief Executive Officer LXXXXX FAMILY Vice President, General Counsel and Secretary BTO DELTA HOLDINGS LLC DE L.P. By: BTO Holdings Manager L.L.C., its general partner By: Blackstone Tactical Opportunities Associates L.L.C., its managing member By: BTOA L.L.C., its sole member By: /s/ Bxxxx Xxxxxxxxxxx X. Xxxxxx Xxxxx Name: Bxxxx Xxxxxxxxxxx X. Xxxxxx Xxxxx Title: ManagerAuthorized Person 1. The following capitalized terms have the meanings indicated:

Certain Effects of Termination. In the event that this Agreement is terminated in accordance with Section 7.18.1, neither party (nor any of its Affiliates) shall have any liability or obligation to the other (or any of its Affiliates) under or in respect of this Agreement, except to the extent of (a) any liability arising from any breach by such party of its obligations pursuant to this Agreement arising prior to such termination, and (b) any actual and intentional fraud or intentional or willful breach of this Agreement; provided that, notwithstanding any other provision set forth in this Agreement, neither the Purchaser, on the one hand, nor the Company, on the other hand, shall have any such liability in excess of the Purchase Price. In the event of any such termination, this Agreement shall become void and have no effect, and the transactions contemplated hereby shall be abandoned without further action by the parties, in each case, except (ix) as set forth in the preceding sentence and (iiy) that the provisions of Section 6.2 4.4 (Confidentiality), Sections 7.2 to 6.4 7.4 (Counterparts, Governing Law, Entire Agreement), Section 7.5 (Expenses) and Section 6.6 Sections 7.6 through Section 6.14 7.15 (Notices, Successors and Assigns, Headings, Amendments and Waivers, Interpretations; Absence of Presumption, Severability, Specific Performance, Performance and Public Announcement, Purchaser Representative, Non-Recourse) shall survive the termination of this Agreement. The parties have caused this Securities Purchase Agreement to be executed as of the date first written above. COMPANY FINANCE OF AMERICA COMPANIES INC. API GROUP CORPORATION By: /s/ Gxxxxx Xxxxxxx Xxxxxx Name: Gxxxxx Xxxxxxx Xxxxxx Title: President & Interim Chief Executive Officer LXXXXX FAMILY HOLDINGS LLC By: Viking Global Performance LLC, its General Partner By: /s/ Bxxxx X. Xxxxxx Xxxxxxx Xxxxx Name: Bxxxx X. Xxxxxx Xxxxxxx Xxxxx Title: ManagerAuthorized Signatory By: Viking Global Performance LLC, its General Partner By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory 1. The following capitalized terms have the meanings indicated:

Certain Effects of Termination. In the event that this Agreement is terminated in accordance with Section 7.1, neither party (nor any of its Affiliates) shall have any liability or obligation to the other (or any of its Affiliates) under or in respect of this Agreement, except to the extent of (a) any liability arising from any breach by such party of its obligations pursuant to this Agreement arising prior to such termination, and (b) any actual and intentional fraud or intentional or willful breach of this Agreement; provided that, notwithstanding any other provision set forth in this Agreement, neither the Purchaser, on the one hand, nor the Company, on the other hand, shall have any such liability in excess of the Purchase Price. In the event of any such termination, this Agreement shall become void and have no effect, and the transactions contemplated hereby shall be abandoned without further action by the parties, in each case, except (i) as set forth in the preceding sentence and (ii) that the provisions of Section 6.2 to 6.4 (Counterparts, Governing Law, Entire Agreement) and Section 6.6 through Section 6.14 (Notices, Successors and Assigns, Headings, Amendments and Waivers, Interpretations; Absence of Presumption, Severability, Specific Performance, Public Announcement, Non-Recourse) shall survive the termination of this Agreement. The parties have caused this Agreement to be executed as of the date first written above. COMPANY FINANCE OF AMERICA COMPANIES INC. By: /s/ Gxxxxx Xxxxxx Xxxxxxx Name: Gxxxxx Xxxxxx Xxxxxxx Title: President & Interim Chief Executive Officer LXXXXX FAMILY HOLDINGS LLC By: /s/ Bxxxx X. Xxxxxx Xxxxx Xxxx Name: Bxxxx X. Xxxxxx Xxxxx Xxxx Title: ManagerManager By: BTO-NQ Side-by-Side GP L.L.C., its general partner By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: Chief Operating Officer By: Blackstone Tactical Opportunities Associates L.L.C., its general partner By: BTOA L.L.C., its sole member By: /s/ Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: Chief Operating Officer 1. The following capitalized terms have the meanings indicated:

Certain Effects of Termination. In the event that this Agreement is terminated in accordance with Section 7.18.1, neither party (nor any of its Affiliates) shall have any liability or obligation to the other (or any of its Affiliates) under or in respect of this Agreement, except to the extent of (a) any liability arising from any breach by such party of its obligations pursuant to this Agreement arising prior to such termination, and (b) any actual and intentional fraud or intentional or willful breach of this Agreement; provided that, notwithstanding any other provision set forth in this Agreement, neither the Purchaser, on the one hand, nor the Company, on the other hand, shall have any such liability in excess of the Purchase Price. In the event of any such termination, this Agreement shall become void and have no effect, and the transactions contemplated hereby shall be abandoned without further action by the parties, in each case, except (i) as set forth in the preceding sentence and (ii) that the provisions of Section 6.2 4.5 (Confidentiality), Section 7.2 to 6.4 7.4 (Counterparts, Governing Law, Entire Agreement) and Section 6.6 7.6 through Section 6.14 7.15 (Notices, Successors and Assigns, Headings, Amendments and Waivers, Interpretations; Absence of Presumption, Severability, Specific Performance, Public Announcement, Purchaser Representative, Non-Recourse) shall survive the termination of this Agreement. The parties have caused this Securities Purchase Agreement to be executed as of the date first written above. COMPANY FINANCE OF AMERICA COMPANIES INC. By: /s/ Gxxxxx Xxxxxxx Name: Gxxxxx Xxxxxxx Title: President & Interim Chief Executive Officer LXXXXX FAMILY HOLDINGS LLC By: /s/ Bxxxx X. /s/Xxxxxx Xxxxxx Name: Bxxxx X. Xxxxxx Xxxxxx Title: ManagerSenior Vice President and Chief Financial Officer BTO PEGASUS HOLDINGS DE L.P. By: BTO Holdings Manager L.L.C., its general partner By: Blackstone Tactical Opportunities Associates L.L.C., its managing member By: BTOA L.L.C., its sole member By: /s/Xxxxxxxxxxx X. Xxxxx Name: Xxxxxxxxxxx X. Xxxxx Title: Authorized Person 1. The following capitalized terms have the meanings indicated: