Common use of Early Termination and Breach of Agreement Clause in Contracts

Early Termination and Breach of Agreement. (a) (i) Except as provided in paragraph (ii) below, the Corporation may terminate this Agreement with respect to all of the Partnership Interests previously exchanged by the Limited Partner or any transferee by paying to the Limited Partner the Early Termination Payment. Upon payment of the Early Termination Payments by the Corporation, neither the Limited Partner nor the Corporation shall have any further payment obligations under this Agreement in respect of the Limited Partner, other than any (a) Tax Benefit Payment agreed to by the Corporation and the Limited Partner as due and payable but unpaid as of the Early Termination Notice, (b) Tax Benefit Payment due for a Taxable Year ending prior to, with or including the date of the Early Termination Notice (except to the extent that the amount described in this clause (b) is included in the Early Termination Payment), (c) Early Termination Payment due with respect to any prior Early Termination Notice pursuant to this Section 4.01(a)(i) and (d) Tax Benefit Payment attributable to an Exchange and resulting Basis Adjustment that occurs after the Corporation exercises its termination rights under this Section 4.01(a)(i).

Early Termination and Breach of Agreement. (a) (i) Except as provided in paragraph (ii) below, the A Corporation may terminate this Agreement with respect to all of the Partnership Interests OCGH Units held (or previously exchanged held and exchanged) by the all Limited Partner or Partners at any transferee time by paying to all of the Limited Partner Partners the Early Termination Payment; provided, however, that this Agreement shall only terminate upon the receipt of the Early Termination Payment by all Limited Partners, and provided, further, that a Corporation may withdraw any notice to execute its termination rights under this Section 4.01 prior to the time at which any Early Termination Payment has been paid. Upon payment of the Early Termination Payments by the a Corporation, neither the Limited Partner nor the such Corporation shall not have any further payment obligations under this Agreement in respect of the such Limited PartnerPartners, other than for any (a) Tax Benefit Payment agreed to by the such Corporation and the Limited Partner Principals as due and payable but unpaid as of the Early Termination Notice, Notice and (b) Tax Benefit Payment due for a the Taxable Year ending prior to, with or including the date of the Early Termination Notice (except to the extent that the amount described in this clause (b) is included in the Early Termination Payment), (c) Early Termination Payment due with respect to any prior Early Termination Notice pursuant to this Section 4.01(a)(i) and (d) Tax Benefit Payment attributable to . If an Exchange and resulting Basis Adjustment that occurs after the such Corporation exercises its termination rights under this Section 4.01(a)(i)4.01, such Corporation shall have no obligations under this Agreement with respect to such Exchange.