Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the distribution, shall not be taken or occur except to the extent specifically agreed to in writing by PNX and Spinco and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 4 contracts
Samples: Employee Matters Agreement, Employee Matters Agreement (Virtus Investment Partners, Inc.), Employee Matters Agreement (Phoenix Companies Inc/De)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates terminated prior to the Effective TimeDistribution Date, then all actions and events that are, under this Agreement, to be taken or occur effective immediately prior to, to or as of or following the Distribution Date, or otherwise in connection with the distributionDistribution, shall not be taken or occur except to the extent specifically agreed to in writing by PNX EWS and Spinco SNI and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 4 contracts
Samples: Employee Matters Agreement (Scripps Networks Interactive, Inc.), Employee Matters Agreement (Scripps E W Co /De), Employee Matters Agreement (Scripps Networks Interactive, Inc.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates terminated prior to the Effective TimeDistribution Date, then all actions and events that are, under this Agreement, to be taken or occur effective immediately prior to, to or as of or following the Distribution Date, or otherwise in connection with the distributionDistribution, shall not be taken or occur except to the extent specifically agreed to by NorthStar Realty and NSAM in writing by PNX and Spinco a written instrument executed after the execution of this Agreement and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 3 contracts
Samples: Employee Matters Agreement (NorthStar Asset Management Group Inc.), Employee Matters Agreement (Northstar Realty Finance Corp.), Employee Matters Agreement (NorthStar Asset Management Group Inc.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates terminated prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective immediately prior to, as of or following the Distribution Date, or otherwise in connection with the distributionDistribution, shall not be taken or occur except to the extent specifically agreed to in writing by PNX EPC and Spinco EHP, and neither Party shall have any Liability or further obligation Liabilities to the other Party under this Agreement.
Appears in 3 contracts
Samples: Employee Matters Agreement (Energizer Holdings Inc), Employee Matters Agreement (Energizer SpinCo, Inc.), Employee Matters Agreement (Energizer SpinCo, Inc.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates terminated prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the distributionSeparation, shall not be taken or occur except to the extent specifically agreed to in writing by PNX Duke Energy and Spinco Spectra Energy and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 3 contracts
Samples: Employee Matters Agreement (Spectra Energy Corp.), Employee Matters Agreement (Duke Energy CORP), Employee Matters Agreement (Spectra Energy Corp.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the distributionDistribution, shall not be taken or occur except to the extent specifically agreed to in writing by PNX Parent and Spinco and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 2 contracts
Samples: Employee Matters Agreement (Michigan Commerce Bancorp LTD), Employee Matters Agreement (Michigan Commerce Bancorp LTD)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation and Distribution Agreement is not executed or if it terminates terminated prior to the Effective TimeDistribution Date, then all actions and events that are, under this Agreement, to be taken or occur effective immediately prior to, as of or following the Distribution Date, or otherwise in connection with the distributionSeparation, shall not be taken or occur except to the extent specifically agreed to in writing by PNX NTELOS and Spinco Wireline and neither Party shall have any Liability or further obligation Liabilities to the other Party under this Agreement.
Appears in 2 contracts
Samples: Employee Matters Agreement (Ntelos Holdings Corp), Employee Matters Agreement (NTELOS Wireline One Inc.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the distribution, shall not be taken or occur except to the extent specifically agreed to in writing by PNX PEC and Spinco Patriot and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 2 contracts
Samples: Employee Matters Agreement (Patriot Coal CORP), Employee Matters Agreement (Patriot Coal CORP)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates terminated prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the distributionthis Agreement shall be of no further force and effect. In such event, shall not be taken or occur except to the extent specifically agreed to in writing by PNX and Spinco and neither no Party shall have any Liability liability or further obligation to the other Party under any person by reason of this Agreement.
Appears in 2 contracts
Samples: Employee Matters Agreement (NOW Inc.), Employee Matters Agreement (NOW Inc.)
Effect if Distribution Does Not Occur. Notwithstanding anything in this Agreement to the contrary, if the Separation Agreement is not executed or if it terminates terminated prior to the Effective Time, then all actions and events that are, under this Agreement, to be taken or occur effective prior to, as of or following the Distribution Date, or otherwise in connection with the distributionSeparation, shall not be taken or occur except to the extent specifically agreed to in writing by PNX Duke Energy and Spinco GasCo and neither Party shall have any Liability or further obligation to the other Party under this Agreement.
Appears in 1 contract
