Company Termination Right Sample Clauses

Company Termination Right. In the event Bank notifies Company that it intends to assume the servicing function pursuant to Section 4.14(b) (but, for the avoidance of doubt, not in the event of the occurrence or extension of an SLA Control Period), Company shall have the right to terminate this Agreement upon [*] notice following the notification by Bank of its intention to assume such servicing functions and the associated costs; provided, however, that in the event Company exercises its termination right under this subsection, (i) Bank may continue to exercise its SLA Control Period rights until the Termination Date, and (ii) Company shall reimburse Bank within five (5) Business Days following the Termination Date for certain costs and expenses as set forth in Schedule 4.14(c).
Sample 1Sample 2
AutoNDA by SimpleDocs
Company Termination Right. Notwithstanding any other provision contained in this Agreement, if at any time prior to Closing the volume weighted-average price for the Common Stock on NASDAQ over any fifteen (15) consecutive trading day period is below $0.80 (for the avoidance of doubt, the foregoing refers to the volume weighted-average price for the entire 15 trading day period) as determined by the Company (a “Below $0.80 15 Trading Day Period”), the Company may, in is sole discretion, elect to terminate this Agreement by providing written notice to the Purchasers within three business days after a Below $0.80 15 Trading Day Period (a “Company Termination”), after which neither the Company nor any Purchaser shall have any liability to any other party hereto or shall have any further obligations hereunder, except that (i) the Company shall be required to pay the fees required to be paid to X. Xxxxx in such event pursuant to the terms of a placement agency agreement in the form attached hereto as Exhibit C (the “Placement Agency Agreement”), (ii) each Purchaser that elected in Exhibit A to receive Warrants shall retain such the Warrants, (iii) each Purchaser that elected in Exhibit A to receive Discounted Private Placement Stock at the Closing shall be entitled to receive, within five (5) business days of a Company Termination, a cash payment from the Company equal to four percent (4%) of such Purchaser’s Commitment Amount (as set forth on Exhibit A) and (iv) Sections 4, 5, 9(a) through (c), 9(i) 11, and 12 through 17 shall survive. This Company Termination right is in addition to the rights of the parties to terminate this Agreement pursuant to Section 10 below.
Sample 1Sample 2
Company Termination Right. The Company shall have the right to elect to abandon the Merger and terminate this Plan, if its Board of Directors so determines, whether before or after approval of the Merger by the shareholders of the Company or of Parent, if the Final Parent Stock Price (as 3 9 defined below) shall be less than $25.30 (the "Floor Price") subject, however, to the following Subparagraph (ii):
Sample 1Sample 2
Company Termination Right. The provisions of Article 9 shall be incorporated herein by reference.
Sample 1
Company Termination Right. Company may terminate this Agreement upon written notice if Company determines in its discretion that Client is in breach of Section 5. For a termination under this Exhibit A, Section II(e), Client shall pay all fees due, prorated through the date the termination is effective and Company shall reimburse Client for Engagement Fees paid in excess the amount due based on the date of termination except if the breach is due to Client’s willful misconduct or gross negligence, Client owes all amounts due under the Agreement, including Engagement Fees through the end of the Term.
Sample 1
Company Termination Right 
Sample 1

Related to Company Termination Right

  • 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.

  • 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.

  • Company Termination The Company may at any time in its sole discretion terminate (a “Company Termination”) this Agreement and its right to initiate future Tranches by providing 30 days advanced written notice (“Termination Notice”) to Investor.

  • Early Termination Right Tenant shall have the right, subject to the provisions of this Section 39, to terminate this Lease (“Termination Right”) with respect to the entire Premises only as of July 31, 2021 (“Early Termination Date”), so long as Tenant delivers to Landlord (i) a written notice (“Termination Notice”), of its election to exercise its Termination Right no less than 12 months in advance of the Early Termination Date, and (ii) concurrent with Tenant’s delivery of the Termination Notice to Landlord, an early termination payment equal to the sum of (1) the unamortized amount of the Tenant Improvement Allowance actually disbursed by Landlord as of the Early Termination Date with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (2) all of the unamortized leasing commissions paid by Landlord in connection with this Lease as of the Early Termination Date, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (3) the unamortized amount as of the Early Termination Date of the Additional Tenant Improvement Allowance actually disbursed by Landlord to Tenant, if any, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (4) the unamortized amount of the Base Rent that would have been payable during the Abatement Period had such amounts not been abated, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, and (5) an amount equal to 4 months of Base Rent that would have been payable for the 4 months immediately following the Early Termination Date (collectively, the “Early Termination Payment”). If Tenant timely and properly exercises the Termination Right, Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Early Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Early Termination Date and those which, pursuant to the terms of this Lease, survive the expiration or early termination of this Lease. If Tenant does not deliver to Landlord the Termination Notice and the Early Termination Payment within the time period provided in this paragraph, Tenant shall be deemed to have waived its Termination Right and the provisions of this Section 39 shall have no further force or effect.

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

  • 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:

  • Landlord’s Termination Right Whether or not the Premises are affected, Landlord may, by notice to Tenant, within 60 days following the date upon which Landlord receives notice of the Taking of all or a portion of the Real Property, the Building or the Premises, terminate this Lease, provided that Landlord elects to terminate leases (including this Lease) affecting at least 50% of the rentable area of the Building.

Time is Money Join Law Insider Premium to draft better contracts faster.