Common use of Effectiveness; Termination of Agreement Clause in Contracts

Effectiveness; Termination of Agreement. This Agreement shall become effective as of the date first above written and shall terminate upon the earliest to occur of the following: (i) upon the written consent of (x) the Majority Holders, and (y) the holders of a majority of the shares of Common Stock then beneficially owned by Brand and any Brand Transferee, as a group, (ii) Brand and any Brand Transferees, as a group, or the Purchaser Group becoming the beneficial owner of less than 10% of the outstanding Common Stock (determined on a fully-diluted basis), or (iii) the consummation of a Company Sale, only to the extent that such transaction has been duly approved pursuant to Section 4.1(c); provided, however, that no such termination shall relieve any Person of any liability for a breach or default.

Effectiveness; Termination of Agreement. This Agreement shall become effective as of the date first above written and shall terminate upon the earliest to occur of the following: (i) upon the written consent of (x) the Majority Holders, and (y) the holders of a majority of the shares of Common Stock then beneficially owned by Brand and any Brand Transferee, as a group, (ii) Brand and any Brand Transferees, as a group, or the Purchaser Group becoming the beneficial owner of less than 10% of the outstanding Common Stock (determined on a fully-diluted basis), or (iii) the consummation of a Company Sale, only to the extent that such transaction has been duly approved pursuant to Section 4.1(c4.1 (c); provided, however, that no such termination shall relieve any Person of any liability for a breach or default.