Effective Date of Agreement and Termination. 10.1 This Agreement shall become effective upon its execution and shall continue in force until the earlier of the date that the Company notifies the Distributor that the offer is terminated or complete or the date set forth in the Prospectus; provided, however, that in no case shall this Agreement remain in force beyond May 11, 2001. 10.2 This Agreement may be terminated by either party, without cause or payment of penalty, on not more than 60 days' nor less than 30 days' written notice to the other party; provided, however, that the Distributor may terminate this Agreement immediately by written notice to the Company, without liability on the part of the Distributor to the Company, if since the respective dates as of which information is given in the Registration Statement and the Prospectus, any change or development involving a prospective change in the condition, financial or otherwise, of the Company, taken as a whole, whether or not arising in the ordinary course of business, that, in the Distributor's judgment is material and adverse and would, in the Distributor's judgment, make it impracticable to market the Units on the terms and in the manner contemplated in the Prospectus.
Appears in 4 contracts
Samples: Distribution Agreement (Excelsior Venture Partners Iii LLC), Distribution Agreement (Excelsior Venture Partners Iii LLC), Distribution Agreement (Excelsior Venture Partners Iii LLC)
Effective Date of Agreement and Termination. 10.1 8.1 This Agreement shall become effective upon its execution and shall continue in force until the earlier of the date that the Company notifies the Distributor that the offer is terminated or complete or the date set forth in the Prospectus; provided, however, that in no case shall this Agreement remain in force beyond May 11December 31, 20012003.
10.2 8.2 This Agreement may be terminated by either party, without cause or payment of penalty, on not more than 60 days' nor less than 30 days' written notice to the other party; provided, however, that the Distributor may terminate this Agreement immediately by written notice to the Company, without liability on the part of the Distributor to the Company, if if, since the respective dates as of which information is given in the Registration Statement and the Prospectus, any change or development involving a prospective change in the condition, financial or otherwise, of the Company, taken as a whole, whether or not arising in the ordinary course of business, that, in the Distributor's judgment is material and adverse and would, in the Distributor's judgment, make it impracticable to market the Units on the terms and in the manner contemplated in the Prospectus.
Appears in 1 contract
Samples: Distribution Agreement (Excelsior Corporate Finance Investors LLC)
Effective Date of Agreement and Termination. 10.1 8.1 This Agreement shall become effective upon its execution and shall continue in force until the earlier of the date that the Company notifies the Distributor that the offer is terminated or complete or the date set forth in the Prospectus; provided, however, that in no case shall this Agreement remain in force beyond May 11December 31, 20012003.
10.2 8.2 This Agreement may be terminated by either party, without cause or payment of penalty, on not more than 60 days' ’ nor less than 30 days' ’ written notice to the other party; provided, however, that the Distributor may terminate this Agreement immediately by written notice to the Company, without liability on the part of the Distributor to the Company, if if, since the respective dates as of which information is given in the Registration Statement and the Prospectus, any change or development involving a prospective change in the condition, financial or otherwise, of the Company, taken as a whole, whether or not arising in the ordinary course of business, that, in the Distributor's ’s judgment is material and adverse and would, in the Distributor's ’s judgment, make it impracticable to market the Units on the terms and in the manner contemplated in the Prospectus.
Appears in 1 contract
Samples: Distribution Agreement (Excelsior Buyout Investors LLC)