Effect of Failure to Close or Early Termination. If the Effective Time does not occur, then all actions required to be taken under this Agreement shall not be taken except to the extent determined by the party required by this Agreement to take such action. This Agreement shall automatically terminate without any action being required by any party hereto in the event that the Separation and Merger Agreement is terminated prior to consummation of the transactions contemplated thereby, in which event this Agreement shall become null and void and of no further force or effect. Any termination of this Agreement shall not be deemed to release and shall not relieve any party hereto from any liability for fraud or any intentional and material breach of this Agreement occurring on or prior to such termination.
Appears in 4 contracts
Samples: Business Separation and Merger Agreement (Coca-Cola Enterprises, Inc.), Employee Matters Agreement (Coca-Cola Enterprises, Inc.), Separation and Merger Agreement (Coca Cola Co)
