Effectiveness of Agreement; Termination. This Agreement will become effective upon the occurrence of the Closing under the Recapitalization Agreement. Once effective, this Agreement may be terminated by either the Stockholder or the Company by written notice to the other on the first occurring Change of Control, Exit Event or Public Offering, in each case, that does not give rise to an NCP Liquidity Event. Upon termination, this Agreement will be of no further force or effect.
Appears in 5 contracts
Samples: Earnout Agreement (Saratoga Beverage Group Inc), Earnout Agreement (Saratoga Beverage Group Inc), Earnout Agreement (Saratoga Beverage Group Inc)